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