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.