Midwest Gas Storage, Inc.

First Revised Volume No. 1

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Effective Date: 05/15/1994, Docket: CP90-454-004, Status: Effective

Original Sheet No. 528 Original Sheet No. 528 : Effective

 

 

agrees to pay the applicable maximum rate, or a rate

agreed to by Shipper and Midwest.

 

12. MISCELLANEOUS

 

12.1 Responsibility for Gas. Upon receiving delivery of Gas to

be delivered at the Point(s) of Receipt, Midwest shall be

in exclusive control and possession of such Gas and

responsible for any loss thereof, or any and all injury or

damage caused thereby, until the Equivalent Quantities of

Gas have been delivered for the account of Shipper at the

Point(s) of Delivery after which Shipper shall be in

exclusive control and possession of such Gas and

responsible for any and all injury or damage caused

thereby.

 

12.2 Warranty. Shipper warrants for itself, its successors, and

assigns, that it has, or will have, at the time of delivery

of the Gas for storage hereunder good title to such Gas

and/or good right to cause the Gas to be delivered to

Midwest for Storage. Shipper warrants for itself, its

successors, and assigns, that the Gas it warrants hereunder

shall be free and clear of all liens, encumbrances or

claims, that it will indemnify and save Midwest harmless

from all suits, actions, debts, accounts, damages, costs,

losses, and expenses arising from or out of adverse claims

of any and all persons to said Gas and/or to royalties,

taxes, license fees, or charges thereon which are directly

applicable to such delivery of Gas and that it will

indemnify and save Midwest harmless from all taxes or

assessments which may be directly levied and assessed upon

such delivery and which are by law payable and the

obligation of the party making such delivery.

 

12.3 Waivers. No waiver by either Midwest or Shipper of any one

or more defaults by the other in the performance of any

provisions hereunder shall operate or be construed as a

waiver of any future default or defaults, whether of a like

or a different character.

 

12.4 Assignments. Any company which shall succeed by purchase,

merger or consolidation to the properties, substantially as

an entirety, of Shipper or of Midwest, as the case may be,

shall if eligible be entitled to the rights and shall be