Western Gas Interstate Company
Third Revised Volume No. 1
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Effective Date: 06/01/1993, Docket: RS92- 53-003, Status: Effective
Revised Original Sheet No. 267 Revised Original Sheet No. 267 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
12.2 Transportation Service - As between Western and Shipper,
Western shall be deemed to be in control and possession of
the gas from the time it is delivered to Western at the
Receipt Point(s) until it is redelivered to Shipper at the
Delivery Point(s), and Shipper shall be deemed to be in
control and possession of the gas at all other times. The
party which is in possession and control of the gas shall
be responsible for all injury or damage caused thereby.
13. WARRANTY OF TITLE:
13.1 Gas Sales Service - Western warrants that it will at the
time of delivery have good title to all gas delivered by it
pursuant to the Sales Rate Schedules, free and clear of all
liens, encumbrances and claims whatsoever, that it will at
such time of delivery have good right and title to sell
said gas as aforesaid, and that it will indemnify Buyer and
save it harmless from all suits, actions, debts, accounts,
damages, costs, losses and expenses arising from or out of
adverse claims of any or all persons to said gas or to
royalties, taxes, license fees or charges thereon, which
are applicable before the title to the gas passes to Buyer
or Shipper. In the event any adverse claim of any
character whatsoever is asserted against Buyer in respect
to any of said gas, Buyer or Shipper may retain the
purchase price thereof up to the amount of such claim
against it without interest until such claim has been
finally determined, as security for the performance of
Western's obligations with respect to such claims under
this Section 13.1, or until Western shall have furnished
bond to Buyer, in the amount of such claim and with
sureties satisfactory to Buyer conditioned for the
protection of Buyer or Shipper with respect to such claim.
13.2 Transportation Service - This Section 13.2 shall apply to
all transportation service unless otherwise provided in the
applicable Rate Schedule or transportation Service
Agreement. Shipper warrants for itself, its successors and
assigns, that it will have, at the time of delivery of gas
for transportation hereunder, good title or the good right
to deliver the gas. Western warrants for itself, its