Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 287 Original Sheet No. 287

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

28. TITLE AND RISK OF LOSS

 

28.1 Customer warrants for itself, its successors and assigns, that it

will have, at the time of delivery of Gas for storage or injection

hereunder either good title or the right to have the Gas stored.

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

Gas it delivers hereunder shall be free and clear of all liens,

encumbrances, or claims whatsoever; and that Customer will

indemnify Steckman Ridge and save it harmless from all claims,

suits, actions, damages, costs and expenses arising directly or

indirectly from or with respect to the title and/or right to Gas

tendered to Steckman Ridge hereunder.

 

28.2 As between Customer and Steckman Ridge: Customer shall be in

control and possession of the Gas prior to delivery to Steckman

Ridge for parking, storage or injection at the Point(s) of Receipt

and after redelivery by Steckman Ridge to Customer at the Point(s)

of Delivery, and shall indemnify and hold Steckman Ridge harmless

from any damage or injury caused thereby. Steckman Ridge 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 Steckman Ridge

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, parked or

stored in and withdrawn from storage shall remain with Customer,

and Steckman Ridge 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 Steckman Ridge. Any losses of Gas,

unless due to the intentional or negligent act or omissions of

Steckman Ridge, shall be shared proportionally by all Customers,

based on each Customer's Storage Inventory, Park Balance and/or

Loan Balance, as applicable.