Pacific Interstate Transmission Company
Original Volume No. 1
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Effective Date: 10/01/1981, Docket: GT97- 67-000, Status: Effective
Original Sheet No. 113 Original Sheet No. 113 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
6. POSSESSION OF AND RESPONSIBILITY FOR GAS
6.1 Possession of Gas: Seller shall be deemed to own the gas, and a Trans-
porter shall be deemed to be in control and possession thereof while in
a Transporter's pipeline system, until it shall have been delivered to
Buyer at the point of delivery, at which time ownership, control, and
possession thereof shall be in Buyer.
6.2 Responsibility: Buyer shall have no responsibility with respect to any
gas until it is delivered to Buyer, or an account of anything done, oc-
curring or arising with respect to said gas before delivery, and Seller
shall have no responsibility with respect to gas after it is delivered
to Buyer, or on account of anything done, occurring or arising with
respect to said gas after delivery to Buyer.
7. INDEMNIFICATION
Each of Seller and Buyer shall indemnify and save harmless the other from
all liability, damages, costs, losses and charges of every character re-
sulting from any claim made against such other by any Person for injury or
death to Persons, or damage to property, in any way connected with the pro-
perty and equipment of the indemnitor or the presence of gas deemed hereby
to be the responsibility of the indemnitor, unless such injury, death or
damage is caused by the negligence or wilful misconduct of the indemnitee or
any Person for whose actions the indemnitee is responsible in law; provided
that neither Seller nor Buyer shall be liable to indemnify the other unless
the Person requesting indemnification shall have promptly notified the other
in writing of any claim, suit or action for or in respect of which indemni-
fication is to be claimed. The Person receiving such notification shall be
entitled to participate in any such suit or action, and, to the extent that
it may wish, assume the defense thereof with counsel who shall be to the
reasonable satisfaction of the Person requesting indemnification, and after
notice from the indemnitor to the indemnitee of its election so as to assume
the defense thereof, the indemnitor will not be liable to the indemnitee for
any legal or other expenses incurred by the indemnitee in connection with
the defense thereof. An indemnitor shall not be liable to indemnify an
indemnitee on account of any settlement of any claim, suit or action
effected without the consent of such indemnitor. Claims made under this
Section 7 with respect to injury or death to Persons or damage to property
occurring during the term of a Buyer's Service Agreement shall survive the
termination thereof.
Seller covenants that it will indemnify and save Buyer harmless from and
against any and all suits, actions, causes of action, claims and demands
arising from or out of any adverse claims by third parties claiming owner-
ship of or an interest in the gas tendered for sale hereunder.
(continued)