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Revised Original Sheet No. 268 Revised Original Sheet No. 268 : Superseded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