National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 08/01/1997, Docket: RP97-398-000, Status: Effective

Original Sheet No. 335 Original Sheet No. 335 : Effective

 

GENERAL TERMS AND CONDITIONS

 

 

2. QUALITY (Cont'd.)

 

(c) Non-Conformance by Shipper.

 

1. In the event any of the above substances enter

Transporter's facilities at any interconnection in

quantities greater than the levels, if any, permitted

above, or, where applicable, by the quality standards

set forth in the interconnection or other agreement

with, or the FERC Gas Tariff of, the delivering

interstate pipeline, with or without Transporter's

knowledge, and cause, directly or indirectly, damage to

any such facility, Transporter may, at Shipper's

expense, (or where an interconnection agreement between

Transporter and Operator is in effect with respect to

the interconnection, at Operator's expense), clean up

and/or repair such facility.

 

2. In the event any of the above substances enter

Transporter's facilities at any interconnection in

quantities greater than the levels, if any, permitted

above, or where applicable by the quality standards set

forth in the interconnection or other agreement with,

or the FERC Gas Tariff of, the delivering interstate

pipeline, and subsequently enter the facilities of

downstream transporters, end-users or others, with or

without Transporter's knowledge, and cause, directly or

indirectly, property or environmental damage, or

personal injury, Shipper, (or, where an interconnection

agreement between Transporter and Operator is in effect

with respect to the interconnection, Operator) shall

indemnify Transporter against, hold it harmless from,

and undertake the defense of Transporter with respect

to any and all claims, losses, damages (including

punitive damages, to the extent permitted by law), and

injuries (property and environmental damage and

personal injury, including death) arising therefrom and

shall indemnify Transporter for any expenses, including

attorney's fees, clean-up costs, fines and penalties,

incurred in partial or full satisfaction of any such

claims, losses, damages and injuries. This Subsection

2.3(c)(2) shall not, however, relieve Transporter from

liability for damage caused by Transporter's negligence

or willful misconduct.