Arkansas Western Pipeline Company
First Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective
Original Sheet No. 16 Original Sheet No. 16 : Superseded
Transporter shall refund the amount of any such overcharge.
In the event an error is discovered in the amount billed in
any statement rendered by Transporter, such error shall be
adjusted within thirty (30) days of the determination
thereof; provided, that the claim therefor shall have been
made within twenty-four (24) months from the date of such
statement.
7. RESPONSIBILITY FOR NATURAL GAS
For transportation provided by Transporter under any Rate
Schedule, Shipper shall be in exclusive control and possession of
the natural gas until such natural gas has been delivered to
Transporter at the Point(s) of Receipt and after such natural gas
has been delivered to or for the account of Shipper at the
Point(s) of Delivery. Transporter shall be in exclusive control
and possession of such natural gas between the Point(s) of
Receipt and the Point(s) of Delivery set forth in the Service
Agreement. The party which shall be in exclusive control and
possession of such natural gas shall be responsible for all
injury or damage caused thereby and shall be responsible for any
loss of natural gas while in its possession, other than
applicable use, compressor fuel, loss or shrinkage in the
operations of gathering or transportation lines or facilities,
except with regard to injury, damage or loss caused by or arising
out of the negligence of the nonpossessory party.
8. WARRANTY
8.1 Shipper warrants for itself, its successors and assigns,
that it will have, at the time of delivery of natural gas at
the Point(s) of Receipt for transportation under an executed
Service Agreement, good title to and the full right and
authority to deliver such natural gas to Transporter for
transportation under an executed Service Agreement, or a
current contractual right to acquire such title, or an
existing agreement with a person which has title to or a
current contractual right to acquire title to such natural
gas. Transporter warrants for itself, its successors and
assigns, that, at the time of delivery of natural gas to
Shipper or for Shipper's account, Transporter will have the
full right and authority to deliver such natural gas to
Shipper. Shipper warrants for itself, its successors and
assigns, that the natural gas it tenders for delivery shall
be free and clear of all liens, encumbrances, and claims
whatsoever, that, at such time of delivery, it will have
good