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. 243 Original Sheet No. 243 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
term of the Service Agreement shall not be less
than the unexpired portion of the term contained
in the contract to be superseded or cancelled,
unless Buyer or Shipper and Western mutually agree
otherwise.
24. NOTICES:
Any communication, notice, request, demand statement,
or bill provided for in the Tariff or in a Service
Agreement or any notice which either Seller or Buyer
may desire to give to the other, shall be in writing
and shall be considered as duly presented, rendered, or
delivered when mailed by either postage-paid registered
or ordinary mail or when sent by telegram, cable,
telecopy (facsimile or fax), telex, express mail
service, or such other method mutually agreed upon
between the parties. The material so sent shall be
addressed to the pertinent party at its last known
address, or at such other address as either party may
designate in the Service Agreement.
25. INDEMNIFICATION:
Each party shall bear responsibility for all its own
breaches, tortious acts, or tortious omissions
connected in any way with the Service Agreement causing
damages or injuries to the other party or to any third
party, unless otherwise expressly agreed in writing
between the parties. Therefore, the offending party as
a result of such offense shall hold harmless and
indemnify the non-offending party against any claim,
liability, loss, or damage whatsoever suffered by the
non-offending party or by any third party. As used
herein the term "party" shall mean a corporation, or
partnership entity or individual and its officers,
agents, employees, and contractors; the phrase "damages
or injuries of any kind" shall include without
limitation litigation expenses, court costs, and
attorney's fees; and the phrase "tortious acts or
tortious omissions" shall include without limitation
sole or concurrent simple negligence, gross negligence,
recklessness, and intentional acts or omissions.