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Original Sheet No. 109 Original Sheet No. 109 : Superseded
RATE SCHEDULE ISS (Continued)
INTERRUPTIBLE 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withdrawn and delivered at the Point of Delivery.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.