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. 256 Original Sheet No. 256 : Effective
GENERAL TERMS AND CONDITIONS
38. WARRANTY
In the event WTG Hugoton does not have title to the gas being
transported, Shipper warrants that Shipper at the time of delivery of gas to
WTG Hugoton will have good title to all such gas pursuant to contractual
arrangements entered into prior to commencement of service, and that it will
deliver, or cause to be delivered, such gas free from all liens, encumbrances
and claims whatsoever; provided, however, that pursuant to Section 37 of
these General Terms and Conditions, Shipper or its designee may elect to
retain the right to process such gas for the removal of liquids and
liquefiable hydrocarbons, but in such instances Shipper warrants that it or
its designee has good right to do so pursuant to contractual arrangements
entered into prior to commencement of service. Shipper will indemnify WTG
Hugoton and save it harmless from all suits, actions, debts, liabilities,
accounts, damages, costs, losses, and expenses (including attorneys' fees and
court costs) arising out of the adverse claim of any person or persons
claiming ownership of any interest in the gas or for any taxes, licenses,
royalties, fees, or charges which are applicable prior to the time of delivery
of such gas to WTG Hugoton. In the event any adverse claim of any character
whatsoever is asserted with respect to any of said gas, WTG Hugoton shall have
the right to suspend service under the Service Agreement until such time as
Shipper's title or right to deliver is free from question.
39. CREDITWORTHINESS
39.1 Prior to execution of a Service Agreement, providing for service under
any Rate Schedule, a Shipper or a prospective shipper (hereinafter in this
section jointly referred to as "Shipper") shall be required to establish
creditworthiness with WTG Hugoton. WTG Hugoton shall not be required to: (a)
execute a Service Agreement providing for service under the applicable Rate
Schedule on behalf of any Shipper who fails to meet WTG Hugoton's standards
for creditworthiness; or (b) initiate service to a Shipper who fails to meet
WTG Hugoton's standards for creditworthiness; or (c) continue transportation
service on behalf of any Shipper who is or has become insolvent or who, at WTG
Hugoton's request, fails within a reasonable period to demonstrate
creditworthiness.