MidContinent Express Pipeline LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective
Original Sheet No. 245 Original Sheet No. 245
GENERAL TERMS AND CONDITIONS
----------------------------
21. POSSESSION OF GAS, TITLE AND RESPONSIBILITY
(a) Shipper warrants that it will at the time of
delivery to MEP have good title to all Gas so delivered free and
clear of all liens, encumbrances and claims whatsoever. As between
Shipper and MEP, Shipper shall be deemed to be in control and
possession of the Gas and responsible for and hold MEP harmless of
and from any damage or injury caused thereby until it shall have
been delivered to MEP at the Receipt Point(s), after which MEP shall
be deemed to be in control and possession of such Gas until its
delivery to Shipper, or for Shipper's account at the Delivery
Point(s) and while in such possession MEP shall be responsible
therefor and hold Shipper harmless of and from any damage or injury
caused thereby and shall be responsible for any loss of Gas other
than Unaccounted For Gas. MEP shall have no responsibility with
respect to any Gas on account of anything which may be done, happen
or arise with respect to said Gas until it is received by MEP.
Shipper shall have no responsibility with respect to said Gas after
its receipt by MEP or on account of anything which may be done,
happen or arise with respect to said Gas after such receipt until
its delivery to Shipper, or for Shipper's account, at the Delivery
Point(s). The point of the division of responsibility shall be the
point of interconnection between the facilities of MEP and the
upstream or downstream entity, at the Receipt or Delivery Point(s),
as applicable. The foregoing provisions of this Section shall not
relieve either party (which includes its agents and employees) from
responsibility as provided under Section 24 of these General Terms
and Conditions.
(b) Shipper will indemnify and hold MEP harmless from
and against any and all suits, actions, causes of action, claims and
demands arising from or out of any adverse claims by third parties
claiming ownership of or an interest in the Gas tendered under an
Agreement. MEP will indemnify and save Shipper harmless from and
against any and all suits, actions, causes of action, claims and
demands arising from or out of any adverse claims by third parties
claiming ownership of or an interest in the Gas delivered to
Shipper, or for Shipper's account, under an Agreement.