Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 44 Original Sheet No. 44

 

9. WARRANTY OF TITLE AND INDEMNIFICATION

 

9.1 SHIPPER warrants the title to all gas delivered by it or for its

account to COMPANY. Title to gas retained as GRO and LAUF shall

pass from SHIPPER to COMPANY at the Receipt Point. SHIPPER

represents and warrants that it will pay and satisfy, or make

provision for the payment and satisfaction of, any and all claims

of every nature whatsoever in, to, or in respect of the title to

all gas delivered by it to COMPANY; and SHIPPER hereby agrees to

defend at its cost, and when notified by COMPANY to indemnify

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

action, costs, losses, and expenses arising out of or in any way

connected with any claims to the title to all gas delivered by it

or for its account to COMPANY, except to the extent any of the

foregoing arises from COMPANY's negligence, gross negligence, or

intentional misconduct.

 

9.2 After SHIPPER delivers gas or causes gas to be delivered to

COMPANY at the Receipt Point(s), COMPANY shall be deemed to be in

control and possession of and have responsibility for the gas

until it delivers gas to SHIPPER or for the account of Shipper at

the Delivery Point(s). SHIPPER shall have no responsibility with

respect to any gas on account of anything which may be done,

happen, or arise with respect to such gas solely because of

COMPANY's control and possession until COMPANY has delivered such

gas to SHIPPER or for the account of SHIPPER.

 

9.3 COMPANY assumes no obligation whatever to the owner of any other

interest of any kind in any gas delivered to COMPANY by or for the

account of SHIPPER.

 

10. HOURLY RATES OF FLOW

 

10.1 If requested by SHIPPER pursuant to Section 10.2 below, COMPANY

shall use reasonable efforts to deliver in excess of uniform

hourly rates, consistent with current operating conditions and

COMPANY's ability to provide firm service. Otherwise, COMPANY

shall make deliveries at uniform hourly rates, or as near uniform

as operationally feasible. To the extent that there is not enough

capacity to accommodate all requests for delivery rates in excess

of uniform hourly rates, such capacity for such delivery rates

will be apportioned according to the allocation methodology in

Section 16.2 of these General Terms and Conditions.

 

10.2 Notice to Observe Maximum Authorized Fluctuations in Flow Rates:

 

If COMPANY determines in its reasonable judgment that SHIPPER'S

takes of gas in excess of an hourly rate of 1/24 of scheduled

quantities threaten the integrity of its pipeline system,

including the ability to deliver to any other SHIPPER its Daily

Entitlement, COMPANY shall, if reasonably practicable, give

SHIPPER notice prior to the beginning of the next nomination cycle

to reduce its takes of gas at such Delivery Point to an hourly

rate not greater than 1/24 of scheduled quantities.