National Fuel Gas Supply Corporation

Third Revised Volume No. 1

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Effective Date: 04/01/1997, Docket: RP97-201-000, Status: Effective

First Revised Sheet No. 136 First Revised Sheet No. 136 : Superseded

Superseding: Original Sheet No. 136

GENERAL TERMS AND CONDITIONS

 

 

2. QUALITY (Cont'd.)

 

personal injury, Shipper, (or, where an interconnection

agreement between Transporter and Operator is in effect

with respect to the interconnection, Operator) shall

indemnify Transporter against, hold it harmless from, and

undertake the defense of Transporter with respect to any

and all claims, losses, damages (including punitive

damages, to the extent permitted by law), and injuries

(property and environmental damage and personal injury,

including death) arising therefrom and shall indemnify

Transporter for any expenses, including attorney's fees,

clean-up costs, fines and penalties, incurred in partial

or full satisfaction of any such claims, losses, damages

and injuries. This Subsection 2.3(c)(2) shall not,

however, relieve Transporter from liability for damage

caused by Transporter's negligence or willful misconduct.

 

3. As to gas delivered by Operator which does not meet the

specifications incorporated or stated in this Section,

Transporter shall have the rights, on a continuing basis,

and in addition to any other remedies provided herein,

to:

 

(i) Continue to receive such gas; or

 

(ii) Discontinue the flow of such gas, and, in the event

Operator or Shipper shall not correct such defi-

ciency within a reasonable time period, to termi-

nate the interconnection or transportation agree-

ment as to such gas; or

 

(iii) Receive such gas and, at Operator's expense, treat

or otherwise process the same so as to cause it to

conform to the above quality specifications.

 

2.4 Commingling. Transporter shall have the unqualified right to

commingle gas transported hereunder with gas from other sources,

and to treat and handle all such gas as its own. It is recognized

that gas delivered to or for the account of Shipper may or may not

consist of the same molecules as those received from Shipper or for

Shipper's account.