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.