Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

First Revised Sheet No. 119 First Revised Sheet No. 119

Superseding: Original Sheet No. 119

 

GENERAL TERMS AND CONDITIONS (continued)

 

7. RESPONSIBILITY FOR NATURAL GAS

 

For transportation provided by Transporter under any Rate Schedule,

Shipper shall be deemed to be in exclusive control and possession of the

Natural Gas until such Natural Gas has been delivered to Transporter at

the Point(s) of Receipt and after such Natural Gas has been delivered to

or for the account of Shipper at the Point(s) of Delivery. Transporter

shall be deemed to be in exclusive control and possession of such

Natural Gas between the Point(s) of Receipt and the Point(s) of

Delivery. The party which is deemed to be in exclusive control and

possession of such Natural Gas shall be responsible for all injury or

damage caused thereby and shall be responsible for any loss of Natural

Gas while in its possession, other than applicable Fuel and Lost and

Unaccounted For retention in accordance with this FERC Gas Tariff,

except with regard to injury, damage or loss caused by or arising out of

the negligence of the nonpossessory party.

 

8. WARRANTY

 

8.1 Shipper warrants for itself, its successors and assigns, that it

will have, at the time of delivery of Natural Gas at the Point(s)

of Receipt for transportation under an executed Service Agreement,

good title to and/or the full right and authority to deliver such

Natural Gas to Transporter for transportation under an executed

Service Agreement. Transporter warrants for itself, its

successors and assigns, that, at the time of delivery of Natural

Gas to Shipper or for Shipper's account, Transporter will have the

full right and authority to deliver such Natural Gas to Shipper.

Shipper warrants for itself, its successors and assigns, that the

Natural Gas it tenders for delivery shall be free and clear of all

liens, encumbrances, and claims whatsoever, that, at such time of

delivery, it will have good right and title to the Natural Gas and

full right and authority to deliver same, that it will indemnify

Transporter and save it harmless from all suits, actions, debts,

accounts, damages, costs, losses, and expenses arising from or out

of any adverse claims of any and all persons to said Natural Gas

and/or to royalties, payments, taxes, license fees, or charges

thereon and further, that it will indemnify Transporter and save

it harmless from all taxes or assessments which may be levied and

assessed upon such Natural Gas prior to its receipt and after

delivery by Transporter.