Questar Southern Trails Pipeline Company
Original Volume No. 1
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Effective Date: 06/01/2002, Docket: RP02-318-000, Status: Effective
Original Sheet No. 96 Original Sheet No. 96 : Effective
GENERAL TERMS AND CONDITIONS
except as provided in 3.1(a)(v) of Rate Schedule FT. During
any period when receipts are suspended in whole or in part due
to force majeure as defined above, Southern Trails may use
excess capacity created thereby to transport or exchange any
other volumes of gas made available to it. Such use of excess
capacity shall not interfere with Shipper's right to have its
gas transported.
18. LIABILITY
Southern Trails shall only be liable for gas losses
or damages or injuries arising directly from the services
provided by Southern Trails that are caused solely from the
gross negligence or willful misconduct of Southern Trails.
Southern Trails shall not be liable for any loss, damage or
injury due to force majeure, Shipper negligence, or actions
taken by Southern Trails to minimize damage to its facilities
or to protect the operational integrity of its pipeline system
or for losses which are covered under any insurance policy of
Shipper. In no event shall Southern Trails be liable for any
incidental or consequential damages of any kind.
19. WARRANTIES
Shipper warrants that it will have at the time of
delivery of the gas to Southern Trails for transportation,
title or right to deliver the gas for transportation. Shipper
warrants that its gas meets the gas quality requirements of
13. Shipper further warrants that the gas it delivers shall
be free and clear of all liens, encumbrances, and claims
whatsoever. Shipper agrees to indemnify Southern Trails and
save it harmless from all suits, actions, debts, accounts,
damages, costs, losses and expenses arising from any breach of
its warranties and any adverse claims of any person to the gas
or to royalties, taxes, license fees, or charges which are
applicable to such delivery of gas. Shipper further agrees
that it will indemnify Southern Trails and save it harmless
from all taxes or assessments which may be levied and assessed
upon such delivery and which are by law payable by the party
making delivery.
20. WAIVERS
No waiver by Southern Trails or Shipper of any one or
more defaults in the performance of any provision hereunder
shall operate or be construed as a waiver of any future