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Revised Original Sheet No. 268 Revised Original Sheet No. 268 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
successors and assigns, that the gas it delivers hereunder
shall be free and clear of all liens, encumbrances and
claims whatsoever, that it will have at such time of
delivery good title or the good right to deliver the gas.
Buyer or Shipper and Western represent and warrant that
each will indemnify the other and save it harmless from all
suits, actions, debts, accounts, damages, costs, losses,
and expenses arising from or out of any adverse claims of
any and all persons to said gas and/or to royalties, taxes,
license fees, or charges thereon which are applicable for
such delivery of gas and that each will indemnify the 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