Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 183 Original Sheet No. 183

 

GENERAL TERMS AND CONDITIONS

 

7. CONTROL AND FORCE MAJEURE

 

7.1 Control of Gas: For purposes of determining the responsibility

and liability of Transporter and Shipper, respectively, Shipper shall be

deemed to be in exclusive control and possession of the gas to be

transported (i) until the gas has been received by Transporter at the

Receipt Point, and (ii) after the gas has been delivered to or for the

account of Shipper by Transporter at the Delivery Point. Transporter shall

be deemed to be in exclusive control and possession of the gas transported

hereunder after it is delivered to Transporter at the Receipt Point and

until it is redelivered to Shipper at the Delivery Point.

 

7.2 Responsibility and Liability: The party deemed to be in

control and possession of the gas to be transported shall be responsible for

and shall defend, indemnify, and hold the other party harmless from and

against all losses, claims, liabilities, damages and expenses, including

court costs and reasonable attorney's fees (except punitive damages),

arising from any occurrence while the gas is deemed to be in the possession,

custody, or control of the indemnifying party, except to the extent the

losses, claims, liabilities, and expenses arise from the otherwise

indemnified party's negligence or intentional misconduct.

 

7.3 Force Majeure:

 

(a) If either Transporter or Shipper is rendered unable, wholly or in

part, by Force Majeure to carry out its obligations, the obligations of the

party under the disability, other than the obligation to make payments due

including the payment of any applicable reservation charges, so far as they

are affected by Force Majeure, shall be excused during the continuance of

the inability so caused, but for no longer period; and the cause shall be

remedied with all reasonable dispatch. A party suffering an inability to

perform shall promptly give notice of the circumstance and of the related

facts in writing or orally (followed by written or e-mail confirmation) to

the other party as soon as reasonably feasible after the occurrence of the

event.