Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective

Original Sheet No. 59 Original Sheet No. 59 : Superseded

 

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

(ii) time that OFO is considered to be effective (if no time is specified, the OFO

shall be effective immediately);

 

(iii) duration of the OFO (if none is specified, the OFO will be effective until

further notice);

 

(iv) the party or parties in the attached pipeline segment receiving the OFO;

 

(v) the quantity of gas required to remedy the operational condition

requiring the issuance of the OFO; and

 

(vi) any other term Transporter may reasonably require to ensure the

effectiveness of the OFO.

 

 

IX. WARRANTY OF TITLE TO GAS

 

This Article shall apply to all transportation service unless otherwise provided in the

applicable Rate Schedule or Transportation Agreement. Shipper and Transporter each warrant

for itself, its successors and assigns, that it will have, at the time of delivery of gas

hereunder, good title or the right to acquire title to the gas it delivers, that the gas it

delivers hereunder shall be free and clear of all liens, encumbrances and claims whatsoever,

that each will indemnify the other and save it 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, license fees, or charges thereon

which are applicable for such delivery of gas and that each will indemnify the other and save

it harmless from all taxes or assessments which may be levied and assessed upon such delivery

and which are by law payable by and the obligation of the party making such delivery. If

Shipper's title or right to deliver gas to be transported is questioned or involved in any

action Shipper shall not qualify for or shall be ineligible to continue to receive service

until such time as Shipper's title or right to deliver is free from question; provided,

however, Transporter shall allow Shipper to qualify for or continue receiving service under

this Tariff if Shipper furnishes a bond satisfactory to Transporter. Title to the gas

received by Transporter at the Receipt Point(s) shall not pass to Transporter, except that

title to gas delivered for Transporter's system fuel and uses and gas lost and unaccounted

for shall pass to Transporter upon delivery at the Receipt Point(s).

 

 

X. EXCUSE OF PERFORMANCE

 

1. Relief from liability: Neither Transporter nor Shipper shall be liable in damages to

the other for any act, omission or circumstances occasioned by or in consequence of any

(1) maintenance, construction, tests, rehabilitation and repairs on pipelines, or (2)