Pinnacle Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective

Original Sheet No. 125 Original Sheet No. 125 : Effective

 

 

gas has been tendered by Transporter to Shipper

at the Delivery Point(s), Shipper shall be deemed

in exclusive control and possession of such gas,

and Shipper shall be responsible for any injuries

or damages caused thereby, except injuries and

damages which shall be occasioned solely and

proximately by the negligent act or omission of

Transporter or its designee.

 

10.2 Representation and Warranties Regarding Clear

Title

 

Shipper shall represent and warrant that it has

title to all gas it tenders to Transporter at the

Receipt Point, free and clear of any liens and/or

adverse claims. Transporter shall represent and

warrant that it shall deliver all gas received

from Shipper to Shipper at the Delivery Point(s)

free and clear of any liens or adverse claims.

 

10.3 Indemnification for Claims Affecting Title

 

Shipper and Transporter shall fully indemnify and

hold harmless each other, respective officers,

agents, employees and contractors, from any loss,

liability or damages, including costs and

reasonable attorney's fees, suffered as a result

of any claim, action or suit brought by any

person arising from any breach by the

indemnifying party of the representations and

warranties in a Transportation Agreement or in

Section 10.2 of this Tariff.

 

10.4 Indemnification for Breach of Other

Representations and Warranties

 

In addition to the indemnification provisions set

forth in Section 10.3 above, Shipper and

Transporter shall fully indemnify and hold

harmless each other, its officers, agents,

employees and contractors from any loss,

liability or damages, including costs and

reasonable attorney's fees, suffered as a result

of any claim, action or suit brought by any

person arising from any breach by the

indemnifying party of any other representations