Phillips Gas Pipeline Company
First Revised Volume No. 1
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Effective Date: / / , Docket: RS92- 47-001, Status: Effective
Original Sheet No. 39 Original Sheet No. 39 : Superseded
people, civil disturbances, explosions, breakage or accidents to
machinery or lines of pipe, hydrate obstruction of lines or pipe,
freezing of wells or lines of pipe, and other causes whether of
the kind herein enumerated or otherwise, not within the control
of the party claiming suspensions and which by the exercise of
due diligence such party is unable to prevent or overcome; such
term shall likewise include (a) in those instances where either
party hereto is require to obtain servitudes, right-of-way grants
or licenses to enable such party to fulfill its obligations
hereunder, the inability of such party to acquire, or the delays
on the part of such party in acquiring at reasonable cost and
after the exercise of reasonable diligence, such servitudes right-
of-way grants, permits or licenses, and (b) in those instances
where either party hereto is required to furnish materials and
supplies for the purpose of construction or maintaining facilities
or is required to secure permits or permissions from any
governmental agency to enable such party to fulfill its
obligations hereunder, the inability of such party to acquire, or
the delays on the part of such party in acquiring, at reasonable
cost and after the exercise of reasonable diligence, such
materials and supplies, permits and permissions.
9.3 It is understood and agreed that the settlement of strikes,
lockouts, or other labor disturbances shall be entirely within the
discretion of the party having the difficulty, and that the above
requirements that are force majeure shall be remedied with all
reasonable dispatch shall not require the settlement of strikes
or lockouts by acceding to the demands of opposing party when
such course is inadvisable in the discretion of the party having
the difficulty.
10. WARRANTY OF TITLE
Shipper warrants for itself, its successors and assigns that it has good
title to the gas delivered to PGPL free and clear of any and all liens,
encumbrances and claims whatsoever. Shipper agrees to defend,
indemnify and save PGPL harmless from any and all suits, claims, liens
and encumbrances of whatever nature relating to gas delivered to
PGPL for the title thereto.