Western Gas Interstate Company
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 06/01/1993, Docket: RS92- 53-003, Status: Effective
Revised Original Sheet No. 293 Revised Original Sheet No. 293 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
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.
26. LATERAL LINE POLICY:
Nothing herein shall require Western to extend its lines
laterally or file an application for a certificate of public
convenience and necessity under Section 7(c) of the Natural Gas
Act. Further, nothing herein shall prevent Western from