Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 87 Original Sheet No. 87 : Effective
Joseph A. Vaszily, Vice President
GENERAL TERMS AND CONDITIONS
(continued)
23. WARRANTY OF TITLE TO GAS
Customer warrants that it will at the time of delivery of the
gas to KLNG have good and merchantable title to all of the gas
subject only to security interests, liens and encumbrances that
would not prevent Customer from tendering the gas for storage
hereunder or receiving delivery of the gas from KLNG. Title to the
gas received by KLNG for Customer's account hereunder shall remain
with Customer during storage of the gas by KLNG. Customer agrees to
indemnify and save KLNG harmless from all suits, actions, debts,
accounts, damages, costs, losses and expenses arising out of adverse
claims of any and all persons to the gas other than claims arising
solely through acts of KLNG.
24. JOINT OBLIGATIONS
When Customer under a service agreement consists of two or more
persons, the obligations of such persons under such agreement shall
be joint and several and, except as otherwise provided, any action
provided to be taken by Customer shall be taken by such persons
jointly.
25. DISCRETIONARY WAIVER
KLNG may waive any of its rights hereunder or any obligations
of Customer on a basis that is not unduly discriminatory; provided
that no waiver by either Customer or KLNG of any one or more
defaults by the other in the performance of any provision of the
service agreement between Customer and KLNG shall operate or be
construed as a waiver of any future default or defaults, whether of
a like or of a different character.
26. MODIFICATION
No modification to the terms and provisions of any service
agreement or exhibit thereto shall be or become effective except by
the execution of a superseding service agreement or exhibit thereto.
27. DESCRIPTIVE HEADINGS
The descriptive headings of the provisions of this Gas Tariff
are formulated and used for convenience only and shall not be deemed
to affect the meaning or construction of any such provisions.