Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

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Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective

Original Sheet No. 597 Original Sheet No. 597 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

12. POSSESSION OF GAS

 

12.1 Control

 

Pipeline shall be deemed to be in control and possession of the gas

hereunder upon receipt of such gas until it shall have been delivered for

Customer's account, and Customer shall be deemed to be in control and possession

of such gas prior to such receipt by Pipeline and after such delivery for

Customer's account. Notwithstanding anything in this FERC Gas Tariff to the

contrary, Pipeline shall be entitled to deliver and utilize gas in its system to

provide "no-notice" service under Rate Schedules CDS, SCT, SS-1, FSS-1 and ISS-1,

subject to the makeup, balancing and other provisions of such rate schedules.

Additionally, Pipeline will be permitted to operate storage and utilize storage

to render services under this FERC Gas Tariff.

 

12.2 Responsibility

 

Pipeline shall have no responsibility with respect to the gas or on account

of anything done, occurring or arising with respect to the gas before receipt of

such gas by Pipeline or after delivery of the gas for Customer's account, and

Customer shall have no responsibility with respect to the gas or on account of

anything done, occurring or arising with respect to the gas while such gas is in

Pipeline's possession; provided, however, in the event any gas flows through

facilities of Customer prior to such delivery to or for Customer's account,

Pipeline shall have no responsibility with respect to such gas or on account of

anything which may be done, happen or arise with respect to such gas while in the

facilities of Customer.

 

13. WARRANTY OF TITLE TO GAS

 

Customer warrants that Customer will at the time of receipt of the natural

gas by Pipeline have good and merchantable title to all of the natural gas free

and clear of all liens, encumbrances and claims whatsoever. Title to the gas

received by Pipeline for Customer's account hereunder shall remain in Customer

during its transportation or storage by Pipeline. Customer agrees to indemnify

and save Pipeline harmless from all suits, actions, debts, accounts, damages,

costs, losses and expenses arising out of adverse claims of any and all persons

to the natural gas prior to its delivery to Pipeline for Customer's account and

after its delivery by Pipeline for Customer's account. Pipeline agrees to

indemnify and save Customer harmless from all suits, actions, debts, accounts,

damages, costs, losses and expenses arising out of adverse claims of any and all

persons to the natural gas during its transportation or storage by Pipeline for

Customer's account.