Common use of Title to and Custody of Gas Clause in Contracts

Title to and Custody of Gas. a) The Transporter and the Shipper agree that the Transporter shall not have or receive title to any of the Gas delivered by the Shipper to the Transporter at the Delivery Point for transmission on the Transporter Facilities and delivered by the Transporter to the Shipper at the Redelivery Point. b) Transporter shall be deemed to be in control and possession of the Gas following receipt of the Gas from Shipper at the Delivery Point and prior to redelivery of the Gas, to Shipper at the Redelivery Point. The Shipper shall have no responsibility with respect to any Gas after it has been received by Transporter at the Delivery Point on account of anything which may be done, happen or arise with respect to said Gas, prior to its delivery to the Shipper at the Redelivery Point except for any legal claims on the title of such Gas from any Third Party. c) Shipper shall be deemed to be in control and possession of the Gas prior to its delivery to the Transporter at the Delivery Point, and after its redelivery by the Transporter at the Redelivery Point. The Transporter shall have no responsibility with respect to the Gas prior to its receipt at the Delivery Point and after its redelivery to Shipper at the Redelivery Point on account of anything which may be done, happen or arise with respect to said Gas prior to such receipt or after such redelivery. d) Each Party shall indemnify and hold harmless the other Party from and against any and all losses, damages, penalties, costs and expenses on account of any claims or demands raised by any Third Party (including employees of either Party) or Government Authority, caused or occasioned or attributable to the Gas, while in the custody of such indemnifying Party, including but not limited any loss or harm to the environment or any injury or harm to or death of any person or any damage or loss of property except to the extent caused by willful misconduct or negligence of the other Party.