Bobcat Gas Storage

Original Volume No. 1

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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective

Original Sheet No. 95 Original Sheet No. 95

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. TITLE AND RISK OF LOSS

 

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

will have at the time of delivery of Gas to Bobcat for injection

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

transported or 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 it will indemnify Bobcat 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 Bobcat hereunder.

 

11.2 As between Customer and Bobcat: Customer shall be deemed to be in

control and possession of the Gas prior to delivery to Bobcat for

storage at the Point(s) of Receipt located on Bobcat's system and

after delivery by Bobcat to Customer at the Point(s) of Delivery

located on Bobcat's system, and shall indemnify and hold Bobcat

harmless from any damage or injury caused thereby. Bobcat shall

be deemed to be in control and possession of the Gas after the

receipt of the same at the Point(s) of Receipt and until

redelivery by Bobcat 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injected into, or stored in and withdrawn from storage shall

remain with Customer, and Bobcat 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 Bobcat. Any losses

of Gas, unless due to the intentional or negligent act or

omissions of Bobcat, shall be shared proportionally by all

Customers, based on each Customer's Storage Inventory Balance.