Enbridge Pipelines (AlaTenn) L. L. C.
FOURTH REVISED VOLUME NO. 1
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Effective Date: 03/01/2003, Docket: RP00-401-003, Status: Effective
First Revised Sheet No. 159 First Revised Sheet No. 159 : Effective
Superseding: Original Sheet No. 159
GENERAL TERMS AND CONDITIONS (continued)
9.2 Transportation Service: This Section 9.2 shall apply to all
transportation service unless otherwise provided in the applicable
Rate Schedule or transportation contract. Shipper or PDA Party
warrants for itself, its successors and assigns, that it will
have, at the time of delivery of gas for transportation hereunder,
good title or the right to acquire title for the delivery of the
gas. Transporter warrants for itself, its successors and assigns,
that the gas it warrants hereunder shall be free and clear of all
liens, encumbrances and claims whatsoever, that each will have at
such time of delivery good right and/or title to deliver the gas,
that each will indemnify the other and save it harmless from all
suits, actions, debts, accounts, damages, costs, losses, and
expenses arising from or out of any adverse claims of any and all
persons to said gas and/or to royalties, taxes, license fees, or
charges thereon which are applicable for such delivery of gas and
that each will indemnify the other and save it harmless from all
taxes or assessments which may be levied and assessed upon such
delivery and which are by law payable by and the obligation of the
party making such delivery. If Shipper's or PDA Party's title or
right to deliver gas to be transported is questioned or involved
in any action Shipper or PDA Party shall not qualify for or shall
be ineligible to continue to receive service until such time as
Shipper's or PDA title or right to deliver is free from question;
provided, however, Transporter shall allow Shipper to qualify for
or continue receiving service under this Tariff if Shipper or PDA
Party furnishes a bond satisfactory to Transporter. Title to the
gas received by Transporter at the Receipt Point(s) shall not pass
to Transporter except that as provided in Section 3.7 (and title
to gas delivered for fuel and losses quantities shall pass to
Transporter upon delivery at the Receipt Point(s)).
10. PRIORITY OF SERVICE
Deliveries under Transporter's Rate Schedules shall be made in
accordance with the provisions of Sections 3 and 22 of these General
Terms and Conditions.