Equitrans, L. P.
Original Volume No. 1
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Effective Date: 11/19/1998, Docket: CP96-532-001, Status: Effective
Original Sheet No. 447 Original Sheet No. 447 : Effective
FORM OF STORAGE SERVICE AGREEMENT
FOR RATE SCHEDULES SS-3 AND STS-1
ARTICLE IX.
Force Majeure
Neither party shall be liable in damages to the other for any act,
omission or circumstance occasioned by or in consequence of any act of God,
strikes, lockouts, acts of the public enemy, wars, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests and restraints of rulers and people, civil disturbances,
explosions, breakage or accident to machinery or lines of pipe, failure of gas
supply for any reason, the binding order, regulations or laws of any court or
governmental authority or body which has been resisted in good faith by all
reasonable legal means, and any other cause, whether of the causes herein
enumerated or otherwise not within the control of the party claiming
suspension and which by the exercise of due diligence such party is unable to
prevent or overcome. Failure to prevent or settle any strike or strikes shall
not be considered a matter within the control of the party claiming
suspension. Such causes or contingencies affecting performance shall not
relieve Buyer from its obligations to make payments of amounts then due
hereunder in respect of gas theretofore delivered.
ARTICLE X.
Warranties
Buyer warrants that it will, at the time of delivery to Equitrans, have
good right to tender or cause to be tendered to Equitrans all gas so delivered
free and clear of all liens, encumbrances, and claims whatsoever and agrees to
indemnify Equitrans and save it harmless from all suits, actions, debts,
accounts, damages, costs, losses and expenses arising out of adverse claims of
any or all persons to said gas and/or to royalties, taxes, license fees, or
charges thereon which are applicable to such gas and/or the delivery of such
gas to Equitrans.
Equitrans represents that it has sufficient storage and transmission
capacity to perform the firm storage and transportation service provided for
hereunder subject to the General Terms and Conditions of Equitrans' FERC Gas