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.