W T G Hugoton, LP

Original Volume No. 1

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Effective Date: 08/01/2007, Docket: CP06- 90-002, Status: Effective

Original Sheet No. 214 Original Sheet No. 214 : Effective

 

GENERAL TERMS AND CONDITIONS

 

6. TAX REIMBURSEMENT

 

To the extent that any reimbursement to WTG Hugoton by Shipper is deemed

taxable income to WTG Hugoton pursuant to Section 824 of the Tax Reform Act of

1986, P.L. 99-514, or any successor thereto, Shipper shall reimburse WTG

Hugoton for the tax impact as well as the actual costs incurred.

 

7. POSSESSION OF GAS AND RESPONSIBILITY

 

WTG Hugoton shall be deemed to be in possession of the gas delivered

hereunder by Shipper under a Transportation Service Agreement only from the

time that it is received by WTG Hugoton for transportation hereunder at the

Point(s) of Receipt until it is delivered to Shipper at the Point(s) of

Delivery. Shipper shall be deemed to be in possession of such gas prior to

such receipt by WTG Hugoton and after such delivery by WTG Hugoton. During

such times as the gas is deemed to be in the control and possession of the

respective party as set forth herein, said party shall be responsible for risk

of the loss of the gas and shall hold harmless the other party of and from any

and all damages, liabilities, expenses (including attorneys' fees and court

costs), and/or injuries, including death of persons, arising during said

party's possession. The foregoing provisions of this paragraph shall not

relieve either party hereto from responsibility for acts of negligence of such

party, its agents or employees.