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Original Sheet No. 293 Original Sheet No. 293 : Superseded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