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. 129 First Revised Sheet No. 129 : Effective
Superseding: Original Sheet No. 129
GENERAL TERMS AND CONDITIONS (continued)
22. Warranty of Eligibility for Transportation
Each Shipper under this Tariff warrants for itself, its successors and assigns,
that all gas delivered to Transporter for transportation shall be eligible for
transportation in interstate commerce under applicable rules, regulations or
orders of the Commission. Shipper will indemnify Transporter and save it
harmless from all suits, actions, damages, costs, losses, expenses (including
reasonable attorney fees), and regulatory proceedings arising from breach of
this warranty. Replacement Shippers under Section 4 (Release and
Assignment of Service Rights) of the General Terms and Conditions 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.
Where transportation will be provided under Section 311 of the Natural Gas
Policy Act (15 U.S.C. 3371) and pursuant to Subpart B of Part 284 of the
Commission's Regulations (18 C.F.R. Part 284.101 et. seq.), Shipper warrants
that such transportation service is authorized to be provided within the
meaning of 18 C.F.R. Section 284.102 (d)(3), if the local distribution company or
intrastate pipeline company on whose behalf the transportation service is being
provided will not have physical custody of and transport the gas or will not hold
title to the gas. Where transportation will be provided under Transporter's
blanket certificate and pursuant to Section 222 of Subpart G of Part 284 of the
Commission's Regulations (18 C.F.R. Part 284.222), Shipper warrants that an
interstate pipeline will receive some benefit from the transaction.