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.