Steuben Gas Storage Company

Original Volume No. 1

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Effective Date: 06/27/1996, Docket: CP96- 35-002, Status: Effective

Original Sheet No. 150 Original Sheet No. 150 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(c) Notwithstanding the provisions of this Section 10.2, if

a Customer under Rate Schedule IS or Rate Schedule FS

fails to submit a timely nomination for service for a

Month, pursuant to these General Terms and Conditions,

for such service, then such Customer's priority for such

service for that Month, shall be changed, on the first

Day of that Month, to a ranking below that of all other

Customers who have made timely nominations for service.

 

10.3 Communications

 

In offering service from time to time pursuant to this Section

10, to a Customer under an Agreement, Seller may deem any

offer made by telephone or other instant communication method

to have been refused if acceptance thereof is not communicated

to Seller within six normal working hours after such offer, or

as otherwise agreed to by the parties.

 

11. MISCELLANEOUS

 

11.1 Responsibility for Gas. Upon receipt of Gas delivered

for Storage, Seller shall be in exclusive control and

possession of such Gas and responsible for any loss

thereof, or any and all injury or damage caused thereby,

until the Equivalent Quantities of Gas have been

delivered for the account of Customer after which

Customer shall be in exclusive control and possession of

such Gas and responsible for any and all injury or damage

caused thereby.

 

11.2 Warranty. Customer or Replacement Customer warrants for

itself, its successors, and assigns, that it has, or will

have, at the time of delivery of the Gas for injection

hereunder good title to such Gas and/or good right to

cause the Gas to be delivered to Seller for Storage.

Customer or Replacement Customer warrants for itself, its

successors, and assigns, that the Gas it warrants

hereunder shall be free and clear of all liens,

encumbrances or claims, that it will indemnify and save

Seller 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

and/or to royalties, taxes, license fees, or charges

thereon which are directly applicable to such delivery of

Gas and that it will indemnify and save Seller harmless