National Fuel Gas Supply Corporation

Third Revised Volume No. 1

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Effective Date: 08/01/1993, Docket: RS92- 21-001, Status: Effective

Original Sheet No. 293 Original Sheet No. 293 : Superseded

 

 

FORM OF SERVICE AGREEMENT

(GSS Service)

(Cont'd)

 

 

ARTICLE VI (Cont'd.)

 

5. This Agreement and the respective obligations of the

parties hereunder are subject to valid laws, orders, rules and regula-

tions of duly constituted authorities having jurisdiction.

 

6. The subject headings of the articles of this Agreement

are inserted for the purpose of convenient reference and are not intended

to be a part of the Agreement nor considered in any interpretation of the

same.

 

7. The interpretation and performance of this Agreement shall

be in accordance with the laws of the Commonwealth of Pennsylvania.

 

8. As between the parties hereto, each party shall be deemed

to be in control and possession of the gas deliverable hereunder until it

shall have been delivered to the other party at the point of delivery,

after which the other party shall be deemed to be in control and

possession thereof. Neither party shall have any responsibility on

account of anything which may be done, happen, or arise with respect to

any gas deliverable by it hereunder to the other party after such deliv-

ery shall not have been made.

 

9. Each party agrees that it will and it hereby does warrant

for itself, its successors and assigns, that it will at the time of

delivery have good title to all gas delivered by it hereunder, free and

clear of all liens, encumbrances and claims whatsoever, that it will at

such time of delivery have good right and title to deliver said gas as

aforesaid, and that it will indemnify the other and save it harmless from

all suits, actions, debts, accounts, damages, costs, losses, and expenses

arising from or out of adverse claims of any or all persons to said gas.

 

10. It is understood that this Agreement is subject to any

and all other approvals or modifications, including termination, as the

Federal Energy Regulatory Commission, or any other regulatory body having

lawful jurisdiction in this matter, may require.

 

11. Should the Federal Energy Regulatory Commission, or any

other regulatory body having jurisdiction, ever deny the recovery of any

costs incurred by Seller with respect to this sale or allocate or assign

more costs thereto than Seller can recover, then the Seller may, at its

option, terminate this Agreement.