Markwest New Mexico, L. L. C.

Second Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective

Original Sheet No. 125 Original Sheet No. 125 Shipper at the Delivery Point(s), Shipper shall be deemed in exclusive control and possession of such gas, and Shipper shall be responsible for any injuries or damages caused thereby, except injuries and damages which shall be occasioned solely and proximately by the negligent act or omission of Transporter or its designee. 10.2 Representation and Warranties Regarding Clear Title Shipper shall represent and warrant that it has title to all gas it tenders to Transporter at the Receipt Point(s), free and clear of any liens and/or adverse claims. Transporter shall represent and warrant that it shall deliver all gas received from Shipper to Shipper at the Delivery Point(s) free and clear of any liens or adverse claims. 10.3 Indemnification for Claims Affecting Title Shipper and Transporter shall fully indemnify and hold harmless each other, respective officers, agents, employees and contractors, from any loss, liability or damages, including costs and reasonable attorney's fees, suffered as a result of any claim, action or suit brought by any person arising from any breach by the indemnifying party of the representations and warranties in a Transportation Agreement or in Section 10.2 of this Tariff. 10.4 Indemnification for Breach of Other Representations and Warranties In addition to the indemnification provisions set forth in Section 10.3 above, Shipper and Transporter shall fully indemnify and hold harmless each other, its officers, agents, employees and contractors from any loss, liability or damages, including costs and reasonable attorney's fees, suffered as a result of any claim, action or suit brought by any person arising from any breach by the indemnifying party of any other representations and warranties in a Transportation Agreement or the GT&C of this Tariff.