Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 175 Original Sheet No. 175

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

12. TITLE AND RISK OF LOSS

 

12.1 Customer warrants for itself, its successors and assigns, that it will

have at the time of delivery of gas for wheeling, storage or injection

hereunder either good title or the right to have gas transported or

stored. Customer warrants for itself, its successors and assigns, that

the gas delivered hereunder shall be free and clear of all liens,

encumbrances, or claims whatsoever; and that it will indemnify Operator

and save it harmless from all claims whatsoever; and that it will

indemnify Operator 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 Operator hereunder.

 

12.2 As between Customer and Operator: Customer shall be in control and

possession of the gas prior to delivery to Operator for wheeling,

parking, storage or injection at the Point(s) of Receipt located on

Operator's Facility and after delivery by Operator to Customer at the

Point(s) of Delivery located on Operator's Facility and shall indemnify

and hold Operator harmless from any damage or injury caused thereby.

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

of the same at the Point(s) of Receipt and until delivery by Operator 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 wheeled, injected into, parked, loaned or stored in

and withdrawn from storage shall remain with Customer, and Operator

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

Operator. Any losses of gas, unless due to the intentional or negligent

act or negligent act or omissions of Operator, shall be shared

proportionally by all Customers, based on each Customer's Storage

Inventory, Park Balance and Loan Balance, as applicable.