Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 151 Original Sheet No. 151 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

 

23. WARRANTY OF TITLE TO GAS

 

Each Customer under this Tariff warrants for itself, its successors and

assigns, that Customer or the party on whose behalf Customer is acting will

at the time of delivery to Seller for storage have good and merchantable

title to or good right to receive all gas so delivered free and clear of all

liens, encumbrances and claims whatsoever. Customer will indemnify Seller

and save it harmless from all suits, actions, regulatory proceedings, debts,

damages, costs, losses and expenses (including reasonable attorney fees)

arising from or out of adverse claims arising from breach of this warranty

(including, without limitation, claims for any royalties, taxes, license

fees or charges applicable to such gas or to the delivery thereof to Seller

for storage under Seller's applicable Rate Schedule). Replacement Customers

under Section 14 (Release and Assignment of Service Rights) of the General

Terms and Conditions shall be considered to be "Customers" for purposes of

this Section, and therefore Releasors under Section 14 shall not be liable

under this Section for breach of the foregoing warranty by its Replacement

Customers.