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Revised Original Sheet No. 267 Revised Original Sheet No. 267 : Superseded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