Quest Pipelines (Kpc)
Second Revised Volume No. 1
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Effective Date: 06/01/2010, Docket: RP10-692-000, Status: Effective
First Revised Sheet No. 182 First Revised Sheet No. 182
Superseding: Original Sheet No. 182
GENERAL TERMS AND CONDITIONS (continued)
18. WARRANTY AND ASSIGNMENTS
18.1 Shipper shall represent and warrant that it has title to all Gas
it tenders to KPC at the Receipt Point(s), free and clear of any
liens and/or adverse claims. Shipper shall retain title to Gas
while it is being transported or parked on the KPC system. KPC
shall represent and warrant that it shall deliver all Gas received
from Shipper, less appropriate reductions, to Shipper at the
Delivery Point(s) free and clear of any liens or adverse claims.
In the event KPC terminates service to Shipper as a result of loss
of creditworthiness or default by Shipper, KPC shall have the
right to assert any liens or other interests, consistent with
applicable law, against any Gas Shipper may have remaining on
KPC's system.
18.2 As to all matters within its actual or imputed control, Shipper
represents and warrants that service hereunder and all
arrangements incident thereto conform to applicable regulations.
Shipper hereby agrees to indemnify and hold KPC harmless against
any and all actions, suits or proceedings concerning such service
or arrangements, which are brought before or instituted by any
authority having jurisdiction if and to the extent that such
actions result from or are based upon allegations of fact that are
inconsistent with the representations herein made by Shipper or
any failure of the warranties herein given by Shipper.
18.3 Both KPC and Shipper may assign or pledge Service Agreements and
all rights and obligations thereunder under the provisions of any
mortgage, deed of trust, indenture or other instrument which it
has executed or may execute hereafter as security for
indebtedness; otherwise, except in accordance with Section 14
herein, neither KPC nor Shipper shall assign a Service Agreement
or any of its rights thereunder unless it shall first have
obtained the written consent of the other(s). Such consent shall
not be unreasonably withheld.