Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-679-000, Status: Effective

First Revised Sheet No. 30 First Revised Sheet No. 30

Superseding: Orig. Sh. No. 30

 

SECTION 9. FORCE MAJEURE

 

Neither Transporter nor Shipper shall be liable in damages to the

other for any act, omission or circumstance occasioned by or in

consequence of any acts 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 peoples, civil disturbances, explosions,

breakage or accident to machinery or lines of pipe, the binding order

of any court or governmental authority which has been resisted in good

faith by all reasonable legal means, and any other cause, whether of

the kind herein enumerated or otherwise, not reasonably 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 to be a

matter within the control of the Party claiming suspension.

 

Such causes or contingencies affecting the performance hereunder

by the Transporter or the Shipper, however, shall not relieve either

Party of liability in the event of its concurring negligence or in the

event of its failure to use due diligence to remedy the situation and

to remove the cause in an adequate manner and with all reasonable

 

dispatch, nor shall such causes or contingencies affecting such

performance relieve Shipper from its obligations to make payments of

amounts then due hereunder.

 

SECTION 10. TITLE AND RISK OF LOSS

 

(a) Title. Shipper warrants that it will have good title to all

natural gas delivered to the Transporter for storage, and that such Gas

will be free and clear of all liens, encumbrances and claims

whatsoever, and that it will indemnify the Transporter and save it

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.

 

(b) Risk of Loss. As between Shipper and Transporter, Shipper

shall be in control and possession of the Gas prior to delivery to

Transporter for injection at the point(s) of Delivery and after

redelivery at the Point(s) of Redelivery, and shall indemnify and hold

Transporter harmless from any damage or injury caused thereby.

Transporter shall be in control and possession of the Gas after the

delivery of the same for injection at the Point(s) of Delivery and

until redelivery by Transporter to Shipper at the Point(s) of

Redelivery, and shall indemnify and hold shipper harmless from any

damage or injury caused thereby, except for damages and injuries caused

by the sole negligence of Shipper. The risk of loss for all Gas

injected into, stored in and withdrawn from storage shall remain with

Shipper, and Transporter shall not be liable to Shipper for any loss of

Gas, except as may be occasioned due to the intentional or grossly

negligent acts or omissions of Transporter. Any losses of Gas, unless

due to the intentional or grossly negligent acts or omissions of

Transporter, shall be shared proportionately by all Shippers. Shipper

retains title to Gas at all times.

 

SECTION 11. NORTH AMERICAN ENERGY STANDARDS BOARD (NAESB) STANDARDS

 

Pursuant to Order Nos. 587, el al., promulgated by the FERC in

Docket No. RM96-1, the following NAESB Standards, Version 1.8, are

hereby incorporated by reference into Transporter’s FERC Gas Tariff.