Southwest Gas Storage Company

Original Volume No. 1

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Effective Date: 01/20/1991, Docket: CP90-1014-002, Status: Effective

Original Sheet No. 68 Original Sheet No. 68 : Superseded

 

 

RATE SCHEDULE FSS (Continued)

FIRM STORAGE SERVICE

 

 

 

6.8 Warranty and Assignments

 

(a) Except as provided in Section 6.6(d) herein, both

Seller and Buyer will, as to the gas it delivers or

causes to be delivered to the other, indemnify and save

the other harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses arising

from or out of any adverse claims of any and all

persons to said gas and/or to royalties, taxes, fees or

charges thereon.

 

(b) As to all matters within its actual or imputed control,

Buyer represents and warrants that service hereunder

and all arrangements incident thereto conform to

applicable regulations, and agrees to indemnify and

hold Seller harmless against any and all actions, suits

or proceedings, concerning such service or

arrangements, which are brought before or instituted by

any authority having jurisdiction.

 

(c) Seller shall be deemed to be in control and possession

of the gas stored hereunder only after the gas is

received for injection at the Point of Receipt, and

before it is withdrawn and delivered at the Point of

Delivery. Buyer shall be deemed to be in control and

possession at all other times. Whichever of Seller or

Buyer is deemed to be in control and possession of the

gas will be responsible for and shall indemnify the

other party with respect to any losses, injuries,

claims, liabilities or damages caused thereby and

occurring while the gas is in its possession.

 

(d) Both Seller and Buyer may assign or pledge the Storage

Service Agreement and all rights and obligations

thereunder under the provisions of any mortgage, deed

of trust, indenture or other instrument which it has

executed or may execute hereafter as security for

indebtedness; otherwise, neither Seller nor Buyer

shall assign the Storage Service Agreement or any of

its rights hereunder unless it shall first have

obtained the written consent of the other(s). Such

consent shall not be unreasonably withheld.