Caprock Pipeline Company

First Revised Volume No. 1

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Effective Date: 01/01/1993, Docket: RS92- 58-001, Status: Effective

Original Sheet No. 15 Original Sheet No. 15 : Effective

 

ARTICLE V

 

WARRANTY OF TITLE

 

 

5.1 Each party hereto warrants (i) title to all gas

delivered by it hereunder, to or for the account of the other party;

(ii) that it has the right to deliver same hereunder; and (iii) that

such gas is free from liens and adverse claims of every kind. Each

party will indemnify and save the other party harmless against all

loss, damage and expense of every character with respect to gas

delivered by it on account of royalties, taxes, payments or other

charges applicable before or upon delivery of the gas hereunder.

5.2 Notwithstanding Section 9.4 herein, Shipper agrees to

indemnify and hold harmless Caprock, its officers, agents, employees

and contractors against any liability, loss or damage whatsoever,

including litigation expenses, court costs and attorneys' fees,

suffered by Caprock, its officers, agents, employees or contractors,

where such liability, loss or damage arises directly or indirectly

out of any demand, claim, action, cause of action or suit brought by

any person, association or entity, public or private, asserting

ownership of or an interest in the gas tendered for transportation

or the proceeds resulting from any sale of that gas. The delivery

and redelivery of gas under the executed Agreement shall not be

construed to affect or change title to the gas.

 

 

ARTICLE VI

 

FORCE MAJEURE

 

 

6. If either Caprock or Shipper is rendered unable, wholly

or in part, by force majeure or any other cause of any kind not

reasonably within its control, other than financial, to perform or

comply with any obligation or condition of the Agreement, upon

giving notice and reasonably full particulars to the other party, as

soon as reasonably possible, such obligation or condition shall be

suspended during the continuance of the inability so caused and such

party shall be relieved of liability and shall suffer no prejudice

for failure to perform the same during such period; provided,

obligations to make payments for reservation fees or payments then

due for gas already received, transported and/or redelivered

hereunder shall not be suspended and the cause for such suspension

(other than labor disputes, strikes or lockouts) shall be remedied

as soon as possible with reasonable dispatch. Settlement of

strikes, lockouts and labor disputes shall be wholly within the

discretion of the party having the difficulty.