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in the contract to be superseded or cancelled,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.