Control and Possession. As between Shipper and Bay Gas: Shipper shall be in control and possession of the gas prior to delivery to Bay Gas for injection at the Point(s) of Receipt and after delivery by Bay Gas to Shipper at the Point(s) of Delivery, and shall indemnify and hold Bay Gas harmless from any damage or injury caused thereby except for damages and injuries caused by the sole negligence of Bay Gas; and, Bay Gas shall be in control and possession of the gas after the receipt of the same for injection at the Point(s) of Receipt and until delivery by Bay Gas to Shipper at the Point(s) of Delivery, and shall indemnify and hold Shipper harmless from any damage or injury caused thereby, except for damages and injuries caused by the sole negligence of Shipper. The risk of loss for all gas injected into, stored in and withdrawn from the Storage Facilities shall be and remain with the Party having control and possession of the gas as herein provided.
Control and Possession. Customer is in control and possession of the gas and is responsible for and indemnifies Company against any injury or any damage caused thereby until the gas is delivered to Company or its designee at the Receipt Point(s), except for any injury or damage caused by Company. Responsibility for the gas passes to Company at the Receipt Point(s), and then Company is in control and possession of the gas and is responsible for, and indemnifies Customer against injury or damage caused thereby, except for injury or damage caused by Customer. Likewise, responsibility for the gas passes to Customer at the Delivery Point(s), and then Customer is in control and possession of the gas.
Control and Possession. As between the Parties, Producers shall be deemed to be in exclusive control and possession of Producers’ Gas and MV Mitigation Gas delivered hereunder and responsible for any damage or injury caused thereby prior to the time Producers’ Gas and MV Mitigation Gas shall have been delivered to Gatherer at the Receipt Points and after Producers’ Gas and MV Mitigation Gas is redelivered to or on behalf of Producers at the Delivery Points. At and after delivery of Producers’ Gas and MV Mitigation Gas to Gatherer at the Receipt Points, Gatherer shall be deemed to be in exclusive control and possession thereof and responsible for any injury or damage caused thereby until redelivered to or on behalf of Producers at the Delivery Points.
Control and Possession. As between the Parties, Producer shall be deemed to be in exclusive control and possession of Producer’s Gas delivered hereunder and responsible for any damage or injury caused thereby prior to the time Producer’s Gas shall have been delivered to Gatherer at the Receipt Points and after Producer’s Gas is redelivered to or on behalf of Producer at the Delivery Points. After delivery of Producer’s Gas to Gatherer at the Receipt Points, Gatherer shall be deemed to be in exclusive control and possession thereof and responsible for any injury or damage caused thereby until redelivered to or on behalf of Producer at the Delivery Points.
Control and Possession. As between the Tubridgi Parties and the Pipeline User:
Control and Possession. Control and possession of Gas shall pass from the User to GGT upon delivery of the Gas at the Inlet Point. At the Outlet Point control and possession of the Gas shall pass from GGT to the User.
Control and Possession. Customer acknowledges that Customer’s gas shall be in the control and possession of Vector Canada from and after delivery to the nominated Receipt Point and until redelivery at the nominated Delivery Point, and that such gas may be commingled with other natural gas while in the possession of Vector Canada.
Control and Possession. As between the Parties, Shipper shall be deemed to be in exclusive control and possession of Shipper’s Crude Oil and responsible for any damage or injury caused thereby prior to the time Shipper’s Crude Oil shall have been delivered to Gatherer at the CRPs, and after the time Shipper’s Crude Oil is redelivered to Shipper at the Delivery Point(s). After delivery of Shipper’s Crude Oil to Gatherer at the CRPs, Gatherer shall be deemed to be in exclusive control and possession thereof and responsible for any injury or damage caused thereby until the Crude Oil is redelivered to Shipper at the Delivery Point(s).
Control and Possession. As between APA and Shipper –
Control and Possession. Subject to the terms of ANR’s FERC Gas Tariff, ANR shall be deemed to be in control and possession of the gas hereunder while the gas is in any of ANR's facilities or facilities associated with off-system capacity held by ANR; otherwise Northern Border shall be in exclusive control and possession of its gas and responsible for such gas. As between ANR and Northern Border, ANR shall have no responsibility with respect to any gas hereunder and Northern Border shall indemnify, defend, and hold ANR harmless, pursuant to Section 7.01 herein, against any losses, including, but not limited to, loss of gas, claims, liens, demands, and causes of action of every kind and character, without limitation, with respect to the control and possession of such gas except when such gas is in the control and possession of ANR, and except and to the extent of any such losses, claims, liens, demands, or causes of action related to or arising out of the negligence or willful misconduct of ANR. The point of custody transfer is the insulating flange between ANR’s Tie-In Assembly and Northern Border’s Facilities.
