White River Hub, LLC

Original Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective

Original Sheet No. 138 Original Sheet No. 138

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

rebuttal period, excluding government-required rate changes. This time limit

shall not apply in cases of deliberate omission, misrepresentation or mutual

mistake of fact. Parties' other statutory or contractual rights shall not

otherwise be diminished by this standard.

 

17.9 White River shall be entitled to recover any reasonable expenses,

costs or attorney's fees incurred to recover amounts owed for services

rendered by White River to Shipper.

 

18. TITLE AND CLAIMS AGAINST GAS

 

Shipper must hold good title to the gas at the time gas is delivered to

White River for transportation. The gas Shipper delivers must be free and

clear of all liens, encumbrances and claims. Shipper agrees to indemnify

White River and hold it harmless from all suits, actions, debts, accounts,

damages, costs, losses and expenses arising from any adverse claims of any

person to the gas or to royalties, taxes, license fees, or charges that are

applicable to the gas or delivery of the gas. Shipper agrees to indemnify

White River and hold it harmless from all taxes or assessments that may be

levied and assessed upon the delivery and that are by law payable by the party

making delivery.

 

19. LIABILITY

 

White River shall only be liable for gas losses or damages or injuries

arising directly from the services provided by White River that are caused

solely from the negligence or willful misconduct of White River. White River

shall not be liable for any loss, damage or injury due to force majeure,

Shipper negligence, or actions taken by White River to minimize damage to its

facilities or to protect the operational integrity of its system or for

losses which are covered under any insurance policy of Shipper. In no event

shall White River be liable for any incidental or consequential damages of

any kind.