MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 245 Original Sheet No. 245

 

GENERAL TERMS AND CONDITIONS

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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.