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Revised Original Sheet No. 293 Revised Original Sheet No. 293 : Superseded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