Mississippi River Transmission Corp.

Original Volume No. 1-A

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Effective Date: 02/01/1990, Docket: GT90- 12-000, Status: Effective

First Revised Sheet No. 49 First Revised Sheet No. 49 : Effective

Superseding: Original Sheet No. 49

 

 

 

TRANSPORTATION

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. POSSESSION OF GAS AND RESPONSIBILITY (Continued)

 

7.3 Limitation of Liability. As between Shipper and

Transporter, it is understood and agreed that neither party shall be

liable (in contract or in tort, excluding actions based on claims of

negligence or willful misconduct) to the other party, or to any other

claimant, for special, indirect, incidental or consequential damages,

including without limitation, lost profits, and in the case of Shipper,

any part of the expenses incurred by Shipper in securing alternative

services which exceeds the amount Shipper would have paid for services

hereunder, resulting from any performance, nonperformance or delay in

performing its obligations.

 

8. WARRANTY OF TITLE

 

Shipper warrants that it will have good title or a current

contractual right to acquire title to all gas delivered, or caused to

be delivered, by it to Transporter free and clear of all liens,

encumbrances and claims whatsoever. Shipper further represents and

warrants that it will pay and satisfy, or make provision for the

payment and satisfaction of, any taxes and all claims of every nature

whatsoever in, to, or in respect of gas delivered by it; and Shipper

hereby agrees to defend at its cost, and, when notified by Transporter,

to indemnify, and defend if requested by Transporter, Transporter

against, all suits, judgments, claims, demands, causes of action,

costs, losses, and expenses, including reasonable Attorney's fees,

arising out of or in any way connected with any claims to the gas

delivered to Transporter. Transporter assumes no obligation whatever

to any royalty owner or to the owner of any other interest of any kind

in any gas delivered at the Receipt Point(s) and Shipper or its seller

shall pay all such royalties or other interests upon or in respect to

such gas.