Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 11/01/2004, Docket: RP05- 14-000, Status: Effective

Original Sheet No. 116 Original Sheet No. 116 : Effective

 

 

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

10. WARRANTY OF TITLE TO GAS

 

Shipper warrants that it will at the time of delivery have good and merchantable title to all gas

delivered by it to Transporter for transportation by Transporter free and clear of all liens and

encumbrances. Transporter warrants that at the time of delivery of such gas to Shipper such gas will

be free and clear of all liens and encumbrances. Transporter and Shipper will each indemnify the other

and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses

arising out of the adverse claim of any person or persons to said gas for any taxes, licenses, fees or

charges which are applicable prior to the time of delivery of such gas to such other party. Shipper

will indemnify Transporter and save it harmless from all taxes and assessments levied and assessed upon

the sale and delivery of such gas to Shipper and upon such gas prior to and upon delivery of such gas

to Transporter for transportation. Transporter will indemnify Shipper and save it harmless from all

taxes and assessments levied and assessed upon the transportation of such gas by Transporter.

 

11. FORCE MAJEURE / PRORATION OF DELIVERIES

 

11.1 Relief from Liability

 

Neither party shall be liable in damages to the other on account of "force majeure" occasioned by any

act, omission, or circumstances occasioned by or in consequence of any act of God, strikes,

insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,

arrests and restraints of rulers and people, civil disturbances, explosions, breakage or accident to

machinery or lines of pipe, the binding order of any court or governmental authority, and any other

cause, whether of the kind herein enumerated or not, and not within the control of the party claiming

suspension and which by the exercise of due diligence such party is unable to prevent or overcome.

However, failure to settle or prevent any strikes or other controversy