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

(Continued)

 

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

this section.

 

 

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

Point(s).