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.