National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 04/01/2007, Docket: RP06-393-004, Status: Effective

Second Revised Sheet No. 346 Second Revised Sheet No. 346 : Effective

Superseding: First Revised Sheet No. 346

 

GENERAL TERMS AND CONDITIONS

 

7. WARRANTY OF TITLE TO GAS

 

This Section 7 shall apply to all transportation service unless

otherwise provided in the applicable Rate Schedule or Service Agreement.

Shipper (or, where an interconnection agreement between Transporter and

Operator is in effect with respect to an interconnection, Operator)

warrants for itself, its agents, its principals, successors and assigns,

that it will have good title or the good right to deliver the gas at the

time of delivery to Transporter for transportation hereunder or, in the

case of a transfer of storage balance under Section 32 of these General

Terms and Conditions, at the time of transfer to Shipper's Storage

Balance. Shipper (or Operator, where applicable as set forth above)

warrants for itself, its agents, its principals, successor and assigns,

that the gas it warrants hereunder shall be free and clear of all liens,

encumbrances and claims whatsoever, and except insofar as Shipper or

Operator is in breach of its obligations or has an obligation to

indemnify and save Transporter harmless pursuant to this Section 7,

Transporter agrees to indemnify and save Shipper harmless from all

suits, actions, debts, accounts, damages, costs, losses and expenses

arising out of adverse claims of any and all persons to the natural gas

during its transportation by Transporter for Shipper's account.

 

Shipper (or Operator, where applicable as set forth above) agrees to

indemnify Transporter and save it harmless from all suits, actions,

debts, accounts, damages, costs, losses, and expenses arising from or

out of any adverse claims of any and all persons to said gas and/or to

royalties, taxes, license fees, or charges thereon which are applicable

for such delivery of gas to Transporter or any required upstream or

downstream transportation and to indemnify Transporter and save it

harmless from all taxes or assessments which may be levied and assessed

upon such delivery or transportation and which are by law payable by and

the obligation of the party making such delivery or performing such

transportation.

 

If Shipper's title or right to deliver gas to be transported, or the

title or right to deliver gas of the Operator of a receipt point

utilized by Shipper, is questioned or involved in any action, Shipper

shall not qualify for or shall be ineligible to continue to receive

service hereunder until such time as Shipper's title or right to deliver

is free from question; provided, however, Transporter shall allow

Shipper to qualify for or continue receiving service hereunder if

Shipper furnishes a bond satisfactory to Transporter. Title to the gas

received by Transporter at the receipt point(s) shall not pass to

Transporter, except that title to gas delivered for Fuel and Company Use

retention, LAUF retention (storage or transportation), or surface

operating allowance shall pass to Transporter upon receipt by

Transporter.