National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective

First Revised Sheet No. 447 First Revised Sheet No. 447

Superseding: Original Sheet No. 447

 

GENERAL TERMS AND CONDITIONS

 

 

25. PROVISIONS APPLICABLE ONLY TO RATE SCHEDULES SS-1 AND SS-2 (Cont'd.)

 

25.9 Warranty of Title to and Condition of Gas (Cont'd)

 

Buyer agrees to indemnify Transporter and hold its harmless against

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

losses and expenses arising out of or in any way connected with any

claims of any and all third persons to or against gas stored

hereunder. Transporter shall, within a reasonable time after it

receives notice of the assertion of any such lien or claim, notify

Buyer of such fact and shall permit Buyer to participate in the

defense against such lien or claim. In the event any claim of any

character whatsoever is asserted against Transporter in respect of

any of said gas, Transporter may, in addition to and without

limiting such other remedies as may be available to it, retain such

gas of Buyer as may at the time of such claim be in, or thereafter

come into, Transporter's possession until such claim has been

finally determined, as security for the performance of Buyer's

obligations with respect to such claim, or until Buyer shall have

furnished bond to Transporter, in the amount of such claim and with

sureties reasonably satisfactory to Transporter conditioned for the

protection of Transporter with respect to such claim.

 

(b) Transporter warrants that the gas delivered to it by Buyer for

storage shall not become encumbered by a lien or adverse claim of

any person claiming by, through or under Transporter while such gas

is in the possession of Transporter.

 

25.10 Force Majeure

 

(a) Relief from Liability. Neither Transporter nor Buyer shall be

liable in damages to the other for any act, omission or

circumstances occasioned by or in consequence of any acts of God,

strikes, lockouts, acts of the public enemy, wars, blockades,

insurrections, riots, epidemics, landslides, lightning, earthquakes,

fires, storms, floods, washouts, arrests and restraints of rulers

and peoples, civil disturbances, explosions, breakage or accident to

machinery or wells or lines of lines of pipe, line or well freeze-

ups, temporary failure of gas supply, the necessity of making

repairs and/or alterations in machinery or line of pipe, partial or

complete failure by persons transporting gas for Transporter or

Buyer, the binding