Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 11/01/1998, Docket: CP98-266-002, Status: Effective

Original Sheet No. 81 Original Sheet No. 81 : Effective

 

 

GENERAL TERMS AND CONDITIONS (continued)

 

free and clear of all liens, encumbrances, and claims

whatsoever, that, at such time of delivery, it will have

good right and title to the Natural Gas and full right

and authority to deliver same, that it will indemnify

Transporter 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 Natural Gas and/or to royalties,

payments, taxes, license fees, or charges thereon and

further, that it will indemnify Transporter and save it

harmless from all taxes or assessments which may be

levied and assessed upon such Natural Gas prior to its

receipt and after delivery by Transporter.

 

8.2 Shipper warrants for itself, its successors and assigns,

that any Natural Gas delivered to Transporter shall meet

each of the quality standards set forth in Section 4 of

these General Terms and Conditions. Shipper further

warrants that it will indemnify Transporter and save it

harmless from all suits, actions, debts, accounts,

damages, costs, losses, and expenses arising from or out

of any claims, demands, costs, expenses, penalties, or

fines in any manner directly or indirectly connected with

or growing out of Shipper's delivery to Transporter of

any gas that fails to meet each of the quality standards

set forth in Section 4 of these General Terms and

Conditions.

 

9. WAIVER

 

No waiver permitted by these General Terms and Conditions, the

applicable Rate Schedules, or the Service Agreements by either

Transporter or Shipper of any provision, condition or

requirement therein shall be deemed to be a waiver of, or in

any manner to release the other party from, performance of any

other provision, condition, or requirement of these General

Terms and Conditions, the applicable Rate Schedules, or the

Service Agreements, nor shall such waiver be deemed to be a

waiver of, or in any manner to release the other party from,

future performance of the same provision, condition or

requirement; nor shall any delay or omission of either

Transporter or Shipper to exercise any right in these General

Terms and Conditions, the applicable Rate Schedules, or the

Service Agreements in any manner impair the exercise of any

such right or any like right accruing to it thereafter.