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.