Western Gas Interstate Company

Fourth Revised Volume No. 1

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Effective Date: 04/01/1996, Docket: CP96- 81-006, Status: Effective

Original Sheet No. 219 Original Sheet No. 219 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

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, Western

shall allow Shipper to qualify for or continue

receiving service under this Tariff if Shipper

furnishes a bond in such amount and with sureties

satisfactory to Western conditioned for the

protection of Western with respect to such

question or action. Title to gas delivered for

Retention Quantities shall pass to Western at the

Receipt Point(s) and title to all other gas

received by Western at the Receipt Point(s) shall

not pass to Western.

 

 

14. FORCE MAJEURE:

 

14.1 Neither Western nor Buyer nor Shipper shall be

liable in damages to the other for any act,

omission or circumstances occasioned by or in

consequence of any acts of God, strikes, lockouts,

acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides,

lightning, earthquakes, fires, storms, floods,

washouts, arrests and restraints of rulers and

peoples, civil disturbances, explosions, breakage

or accident to machinery or lines of pipe,

temporary failure of gas supply, failure or

refusal of third-party transporters to transport,

the binding order of any court or governmental

authority, and any other cause, whether of the

kind herein enumerated or otherwise, not within

the control of the one claiming suspension and

which by the exercise of due diligence it is

unable to prevent or overcome. Failure to prevent

or settle any strike or strikes shall not be

considered a matter within the control of the

party claiming suspension.