K O Transmission Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-339-000, Status: Effective

First Revised Sheet No. 104 First Revised Sheet No. 104 : Effective

Superseding: Original Sheet No. 104

GENERAL TERMS AND CONDITIONS (continued)

 

 

16. Warranty of Title to Gas

 

Each Shipper under this Tariff warrants for itself, its successors and assigns,

that Shipper or the party on whose behalf Shipper is acting will at the time of

delivery to Transporter for transportation has good and merchantable title to or

good right to receive all gas so delivered free and clear of all liens,

encumbrances and claims whatsoever. Shipper will indemnify Transporter and

save it harmless from all suits, actions, regulatory proceedings, debts, damages,

costs, losses and expenses (including reasonable attorney fees) arising from or

out of adverse claims arising from breach of this warranty (including, without

limitation, claims from any royalties, taxes, license fees or charges applicable to

such gas or to the delivery thereof to Transporter for transportation under the

applicable Rate Schedules.) Replacement Shippers under Section 4 (Release

and Assignment of Service Rights) of the General Terms and Conditions of this

Tariff shall be considered to be "Shippers" for purposes of this Section, and

therefore Releasors under Section 4 shall not be liable under this Section for

breach of the foregoing warranty by its Replacement Shippers.