Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 12/01/2001, Docket: CP00- 61-001, Status: Effective

Original Sheet No. 100 Original Sheet No. 100 : Effective

 

GENERAL TERMS AND CONDITIONS (continued)

 

10.4 Communications

 

In offering service from time to time

pursuant to this Section 10, to a Customer under

an Agreement, Seller may deem any offer made by

telephone or other instant communication method to

have been refused if acceptance thereof is not

communicated to Seller within six (6) normal

working hours after such offer, or as otherwise

agreed to by the parties.

 

11. MISCELLANEOUS

 

11.1 Responsibility for Gas. Upon receipt of Gas

to be stored, Seller shall be in exclusive control

and possession of such Gas and responsible for any

loss thereof, or any and all injury or damage

caused thereby, until the Equivalent Quantities of

Gas have been delivered for the account of

Customer after which Customer shall be in

exclusive control and possession of such Gas and

responsible for any and all injury or damage

caused thereby.

 

11.2 Warranty. Customer or Replacement Customer

warrants for itself, its successors, and assigns,

that it has, or will have, at the time of delivery

of the Gas for injection hereunder good title to

such Gas and/or good right to cause the Gas to be

delivered to Seller for Storage. Customer or

Replacement Customer warrants for itself, its

successors, and assigns, that the Gas it warrants

hereunder shall be free and clear of all liens,

encumbrances or claims, that it will indemnify and

save Seller harmless from all suits, actions,

debts, accounts, damages, costs, losses, and

expenses arising from or out of adverse claims of

any and all persons to said Gas and/or to

royalties, taxes, license fees, or charges thereon

which are directly applicable to such delivery of

Gas and that it will indemnify and save Seller

harmless from all taxes or assessments which may

be directly levied and assessed upon such delivery

and which are by law payable and the obligation of

the party making such delivery.

 

11.3 Waivers. No waiver by either Seller or Customer

of any one or more defaults by the other in the performance

of any provisions hereunder shall operate or be construed as

a waiver of any future default or defaults, whether of a

like or a different character. Seller shall retain the

right to waive, with respect to Customer, any Section of

these General Terms and Conditions and Rate Schedules FSS

and ISS, if Seller does so in a non-discriminatory manner.