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.