Great Lakes Gas Transport, L.L.C.

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RP97-157-006, Status: Effective

Original Sheet No. 107 Original Sheet No. 107 : Effective

 

 

GENERAL TERMS AND CONDITIONS

FOR TRANSPORTATION SERVICE

(cont'd)

 

 

7. WARRANTY

 

7.1 Shipper hereby warrants title, free and clear of all liens, en-

cumbrances, and claims whatsoever, to all gas delivered to Trans-

porter hereunder at the Receipt Point. Transporter hereby warrants

that upon redelivery of the gas to Shipper, such gas shall be free and

clear of all liens, encumbrances, and claims arising by virtue of its

transportation thereof. Each party agrees to indemnify and hold the

other harmless from any and all claims to said gas by owners,

royalties, or from any other person claiming any interest in the gas

to which it warrants title.

 

7.2 Each Shipper under this rate schedule agrees to protect, defend,

indemnify and hold harmless Transporter from and against any and all

losses, damages, or expenses of every kind and character that

Transporter or Shipper may suffer, sustain, or be liable for as a

result of any interruption pursuant to the terms and conditions of

transportation service under Shipper's executed service agreement.

 

8. FORCE MAJEURE

 

8.1 Relief from Liability. Neither Transporter or Shipper shall be liable

in damages to the other for any act, omission or circumstances

occasioned by or in consequence of any acts of God, strikes, lockouts

or other industrial disturbances, acts of the public enemy, sabotage,

wars, blockades, insurrections, riots, epidemics, landslides, light-

ning, earthquakes, fires, storm, floods, washouts, arrests, explo-

sions, breakage or accident to machinery or lines of pipe, hydrate

obstructions in lines of pipe, well blowouts, craterings, depletion of

gas reserves, partial or entire failure of gas wells, the binding

order of any court or governmental authority, and any other cause,

whether of the kind herein enumerated or otherwise, and whether caused

or occasioned by, or happening on account of, an act or omission of

one of the parties to the Service Agreement between Transporter and

Shipper or some person or concern not a party thereto, 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. A failure

to settle or prevent any strikes or other controversy with employees

with anyone purporting or seeking to represent employees shall not be

considered to be a matter within the control of the party claiming

suspension.