ANR Storage Company

Original Volume No. 1

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Effective Date: 11/01/2007, Docket: RP08- 16-000, Status: Effective

First Revised Sheet No. 150 First Revised Sheet No. 150 : Effective

Superseding: Original Sheet No. 150

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.2 Warranty. Customer or Replacement Customer warrants for

itself, its successors, and assigns, that it has, or

will have, at the time of delivery of the Gas for

injection hereunder good title to such Gas and/or good

right to cause the Gas to be delivered to Seller for

Storage. Customer or Replacement Customer warrants for

itself, its successors, and assigns, that the Gas it

warrants hereunder shall be free and clear of all liens,

encumbrances or claims, that it will indemnify and save

Seller harmless from all suits, actions, debts,

accounts, damages, costs, losses, and expenses arising

from or out of adverse claims of any and all persons to

said Gas and/or to royalties, taxes, license fees, or

charges thereon which are directly applicable to such

delivery of Gas and that it will indemnify and save

Seller harmless from all taxes or assessments which may

be directly levied and assessed upon such delivery and

which are by law payable and the obligation of the party

making such delivery.

 

11.3 Waivers. No waiver by either Seller or Customer of any

one or more defaults by the other in the performance of

any provisions hereunder shall operate or be construed

as a waiver of any future default or defaults, whether

of a like or a different character. Seller shall retain

the right to waive, with respect to Customer, any

Section of these General Terms and Conditions and Rate

Schedules FS and IS, if Seller does so in a non-

discriminatory manner.

 

11.4 Assignments. Any company which shall succeed by

purchase, merger or consolidation to the properties,

substantially as an entirety, of Customer or of Seller,

as the case may be, shall if eligible be entitled to the

rights and shall be subject to the obligations of its

predecessor in title under the Service Agreement(s)

between Seller and Customer. Either Seller or Customer

may assign any of its rights or obligations under its

Service Agreement(s) to a financially responsible

corporation with which it is affiliated at the time of

such assignment. Furthermore, Seller may, as security

for its indebtedness, assign, mortgage or pledge any of

its rights or obligations under its Service

Agreement(s), including its rights to receive payments,

to any other entity, and Customer will execute any

consent agreement with such entity and provide such

certificates and other documents as Seller may

reasonably request in connection with any such

assignment. Customer also may assign or pledge its

Service Agreement(s) under the provisions of any

mortgage, deed of trust, indenture or