Enbridge Pipelines (AlaTenn) L. L. C.
FOURTH REVISED VOLUME NO. 1
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Effective Date: 10/11/2002, Docket: RP03- 40-000, Status: Effective
Original Sheet No. 158 Original Sheet No. 158 : Effective
GENERAL TERMS AND CONDITIONS (continued)
Transporter shall deliver natural gas to Shipper at Transporter's line
pressure at the Point of Delivery designated in the executed Service
Contract between Transporter and Shipper, but the minimum pressure shall
be as agreed upon by Shipper and Transporter in the executed Service
Contract. The pressure shall not be less than fifty (50) pounds per
square inch gauge, as long as the volume of gas delivered during the
most recent twenty-four (24)hour period does not exceed Transporter's
maximum daily obligation to deliver to Shipper. Provided that as long
as Transporter's suppliers maintain a delivery pressure of at least six
hundred (600) pounds per square inch gauge at suppliers' delivery points
to Transporter, and the volume of gas delivered to Shipper during the
most recent twenty-four hour period does not exceed Transporter's
maximum daily obligation to Shipper, Transporter shall maintain delivery
pressure to Shipper of not less than one hundred (100) pounds per square
inch gauge, unless Shipper shall agree to delivery at a lower pressure.
Transporter shall endeavor to, but shall not be obligated to, provide
deliveries at the pressure requested by Shipper.
9. WARRANTY OF TITLE OF GAS
9.1 Gas Sales Service: Transporter warrants that it will at the time
of delivery, pursuant to Rate Schedule G or SG have good title to
all gas delivered by it to Shipper; that same will be free and
clear of all liens, encumbrances, and claims whatsoever, that it
will at such time of delivery have good right and title to sell
said gas as aforesaid; and that it will indemnify Shipper and save
it harmless from all suits, actions, debts, accounts, damages,
costs, losses, and expenses arising from or out of adverse claims
of any or all persons to said gas or to royalties, taxes, license
fees or charges thereon, which are applicable before the title to
the gas passes to Shipper. In the event any adverse claim of any
character whatsoever is asserted against Shipper in respect of any
of said gas, Shipper may retain the purchase price thereof up to
the amount of such claim against it without interest, until such
claim has been finally determined, as security for the performance
Transporter's obligations with respect to such claims under this
Section, or until Transporter shall have furnished bond to
Shipper, in the amount of such claim and with sureties
satisfactory to Shipper conditioned for the protection of Shipper
with respect to such claim.