Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 13-004, Status: Effective

Original Sheet No. 295 Original Sheet No. 295 : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

 

26. FORCE MAJEURE (Continued)

 

The term "force majeure" as employed herein shall also include, but

shall not be limited to, inability to obtain or acquire, at

reasonable cost, grants, servitudes, rights-of-way, permits,

licenses, or any other authorizations from third parties or agencies

(private or governmental) or inability to obtain or acquire at

reasonable cost necessary materials or supplies to construct,

maintain, and operate any facilities required for the performance of

any obligations under the Service Agreement, when any such inability

directly or indirectly contributes to or results in either Party's

inability to perform its obligations. The term "force majeure" as

employed herein shall not include failure of Shipper's gas supply.

 

27. WARRANTY

 

Each Party warrants that the title to all gas received and/or

delivered to the other Party hereunder will at the time of receipt

and/or delivery be free from all liens and adverse claims, and each

Party shall indemnify the other Party against all damages, costs, and

expenses of any nature whatsoever arising from every claim against

said gas.

 

28. INDEMNIFICATION

 

28.1 Shipper agrees to indemnify and hold harmless Transporter, its

officers, agents, employees and contractors against any

liability, loss or damage whatsoever occurring in connection

with or relating in any way to the Service Agreement, including

costs and attorneys' fees, whether or not such liability, loss

or damage results from any demand, claim, action, cause of

action, or suit brought by Shipper or by any person,

association or entity, public or private, that is not a Party

to the Service Agreement, where such liability, loss or damage

is suffered by Transporter, its officers, agents, employees or

contractors as a direct or indirect result of any breach of the

Service Agreement or sole or concurrent negligence or gross

negligence or other tortious act(s) or omission(s) by Shipper

or the officers, agents, employees or contractors of Shipper.

 

28.2 Notwithstanding anything to the contrary in the Service

Agreement, Shipper agrees to indemnify and hold harmless

Transporter, its officers, agents, employees and contractors