Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 77 Original Sheet No. 77 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15. TITLE AND RISK OF LOSS

 

15.1 As between Customer and Total Peaking: Customer shall be in

control and possession of the gas prior to delivery to Total

Peaking for storage or injection at the Point(s) of Receipt

located at Total Peaking's facility and after redelivery by Total

Peaking to Customer at the Point(s) of Delivery located at Total

Peaking's facility, and shall indemnify and hold Total Peaking

harmless from any damage or injury caused thereby. Total Peaking

shall be in control and possession of the gas after the receipt

of the same at the Point(s) of Receipt and until redelivery by

Total Peaking to Customer at the Point(s) of Delivery, and shall

indemnify and hold Customer harmless from any damage or injury

caused thereby, except for damages and injuries caused by the

sole negligence of Customer. The risk of loss for all gas

injected into, stored in and withdrawn from storage shall remain

with Customer, and Total Peaking shall not be liable to Customer

for any loss of gas, except as may be occasioned due to the

intentional or negligent acts or omissions by Total Peaking. Any

losses of gas, unless due to the intentional or negligent act or

omissions of Total Peaking, shall be shared proportionally by all

Customers.

 

15.2 Customer warrants for itself, its successors, and assigns, that

it, or a third party on whose behalf Customer is acting, will at

the time of delivery to Total Peaking for service hereunder have

good and marketable title to all gas delivered free and clear of

all liens, encumbrances and claims whatsoever. Customer shall

indemnify Total Peaking and save it harmless from suits, actions,

debts, accounts, damages, costs, losses and expenses arising from

or out of adverse claims of any or all persons to said gas,

including claims for any royalties, taxes, license fees or

charges applicable to such gas or to the delivery thereof to

Total Peaking for service hereunder.