UGI LNG, Inc
Original Volume No. 1
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Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective
Original Sheet No. 48 Original Sheet No. 48
or on account of anything which may be done, happen or arise with
respect to such gas until Company redelivers such gas to
Customer or for the account of Customer. Company shall have no
responsibility with respect to such gas before Customer delivers
such gas to Company or after Company redelivers such gas to Customer
or for the account of Customer, or on account of anything which may
be done, happen or arise with respect to such gas before such delivery
or after such redelivery.
10. WARRANTY OF TITLE TO GAS
Customer warrants for itself, its successors, and assigns, that
it will at the time of delivery to Company for service hereunder
have good and marketable title to all gas delivered free and clear
of all liens, encumbrances and claims whatsoever. Customer shall
indemnify Company and save it harmless from suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or
out of adverse claims of any or all persons to said gas, including
claims for any royalties, taxes, license fees or charges applicable
to such gas or to the delivery thereof to Company for service hereunder.
11. FORCE MAJEURE AND OPERATING CONDITIONS
11.1 Definition of Force Majeure and Operating Conditions
The term force majeure as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts
of the public enemy or terrorists, wars, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires,
storms, floods, washouts, arrests, the order of any court or
government authority having jurisdiction while the same is in
force and effect, civil disturbances, explosions, breakage,
accidents to machinery or lines of pipe, freezing of or damage to
receipt or delivery facilities, National Weather Service warnings
or advisories, whether official or unofficial, that result
in the evacuation of facilities, inability to obtain or unavoidable
delay in obtaining material or equipment, 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.
The term operating conditions as employed herein shall mean
the necessity to make modifications, tests, or repairs to Company's
facilities. Company shall exercise reasonable diligence to schedule
maintenance so as to minimize disruptions of service to Customers
and shall provide reasonable notice of the same. Operating conditions
shall not include routine maintenance during normal periods of
peak demand, where such maintenance was required due to Company's
negligence, willful actions or failure to act. In the event of