T.W. Phillips Pipeline Corp.
Original Volume No. 1
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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective
Original Sheet No. 62 Original Sheet No. 62
GENERAL TERMS AND CONDITIONS
20.5. Within ninety (90) days after commencing service for the requesting Shipper,
Transporter shall determine the actual cost of constructing and installing the
requested facilities. If the actual cost is less than the new facilities cost
paid by the requesting Shipper under this section, the difference shall be
refunded to the requesting Shipper within thirty (30) days of such determination.
If the actual costs is greater than the new facilities cost paid by the requesting
Shipper under this section, the difference shall be paid by the requesting Shipper
within thirty (30) days of such determination.
20.6. Unless mutually agreed otherwise by Transporter and Shipper, Transporter shall
have title to, own and operate all new facilities added to its system pursuant to
21. WARRANTY TO TITLE
21.1. Subject to the Commission’s regulations on capacity release, Shipper represents
and warrants that at the time of delivery by Transporter, Shipper will have good
and right title to the natural gas. In the event any adverse claim to or against
the natural gas delivered to Transporter hereunder, or any part thereof, is made
by any person, Transporter may refuse to accept delivery of such natural gas until
the dispute as to ownership of said natural gas is settled by agreement between
Shipper or any other person and such adverse claimant and or by the final decree
of a court of competent jurisdiction unless Shipper provides indemnity in form
and amounts secured by letter of credit or other appropriate credit support rea-
sonably satisfactory to Transporter, for any liability it may incur in connection
with such adverse claim.
21.2. Notwithstanding the transfer of the natural gas at the Receipt Point, Shipper
shall retain title to the natural gas while it is being transported and delivered
by Transporter, pursuant to this Agreement, and Shipper shall be responsible for
maintaining all insurance it deems necessary to protect its property interest in
such natural gas before, during and after receipt by Transporter. Shipper agrees
to indemnify Transporter and save it harmless from all losses, liabilities or
claims including reasonable attorneys’ fees and costs of court, from any and all
persons, arising from or out of claims of title, personal injury or property
damage from the natural gas or other charges thereon.
21.3. Title to the Gas received by Transporter at the Receipt Point(s) shall not pass
to Transporter, except that title to Gas delivered to Transporter’s (1) Fuel and
Gas losses, (2) imbalance or cash-out volumes where applicable, and (3) Gas left
on system by Shippers, shall pass to Transporter upon delivery at the Receipt