Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 102 Original Sheet No. 102 : Effective

 

12. POSSESSION OF GAS

 

As between Transporter and Shipper, Shipper shall be deemed to be in

exclusive control and possession of the gas and responsible therefore

and shall hold Transporter harmless of and from any damage or injury

caused thereby until the gas shall have been delivered to Transporter at

the receipt point(s), after which Transporter shall be deemed to be in

control and possession of such gas until its delivery to Shipper or for

Shipper's account at the delivery point(s) and while in such possession

Transporter shall be responsible therefore and hold Shipper harmless of

and from any damage or injury caused thereby. The party in exclusive

control and possession of the gas shall be responsible for all injury or

damage caused thereby to any third party. In the absence of gross

negligence or willful misconduct on the part of Transporter, Shipper

waives any and all claims and demands against Transporter, its officers,

employees or agents, arising out of or in any way connected with (1) the

quality, use or condition of the gas after delivery from Transporter for

the account of such Shipper, (2) any losses or shrinkage of gas during

or resulting from service hereunder, and (3) all other claims and

demands arising out of Transporter's performance of its duties

hereunder.

 

13. WARRANTY OF TITLE TO GAS

 

Shipper warrants for itself, its successors and assigns, that it will

have, at the time of delivery hereunder, good title to the gas it

delivers and that the gas it delivers hereunder shall be free and clear

of all liens, encumbrances and claims whatsoever. In the event of a

breach of this warranty, Shipper shall indemnify Transporter and save it

harmless from all suits, actions, debts, accounts, damages, costs,

losses, and expenses arising from or out of any adverse claims of any

and all persons to said gas and/or to royalties, taxes, license fees or

charges thereon applicable for such delivery of gas, and that Shipper

will indemnify Transporter and save it harmless from all taxes or

assessments that may be levied and assessed upon such delivery and which

are by law payable by, and the obligation of, the party making such

delivery. If Shipper's title or right to deliver gas to be transported

is questioned or involved in any action, Shipper shall not qualify for

or shall be ineligible to continue to receive service until such time as

Shipper's title or right to deliver is free from question; provided,

however, Transporter shall allow Shipper to qualify for or continue

receiving service under this Tariff if Shipper furnishes a bond

satisfactory to Transporter. Title to the gas received by Transporter

at the receipt point(s) shall not pass to Transporter, except for title

to gas delivered for Retainage, which shall pass to Transporter upon

delivery at the receipt point(s).