National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.