West Texas Gas, Inc.
First Revised Volume No. 1
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Effective Date: 03/29/1992, Docket: RP92-135-000, Status: Effective
Original Sheet No. 16 Original Sheet No. 16 : Effective
GENERAL TERMS AND CONDITIONS
7.1 Points of Delivery: The points of delivery to Buyer
shall be the delivery points stated in the executed service
7.2 Deliveries at More Than One Point: When deliveries are
made to Buyer at more than one point of delivery the aggregate
firm deliveries shall not exceed the maximum daily obligation
on any day, irrespective of the aggregate of the maximum firm
delivery obligations at the several delivery points as set
forth in the executed service agreement or in any prior
agreements under which the demand is delivered.
7.3 Delivery Pressure: Deliveries to Buyer shall be made by
Seller at each delivery point at the pressure stated in the
executed service agreement.
8. Possession of Gas and Responsibility: As between Seller and
Buyer, Seller shall be in control and possession of the gas
and responsible for any damage or injury caused thereby until
the same shall have been delivered to Buyer at the point or
points of delivery, after which Buyer shall be deemed to be in
control and possession thereof and responsible for any injury
or damage caused thereby.
9. Warranty of Title: Seller warrants the title to all gas
delivered by it to Buyer.
10. Force Majeure:
10.1 Neither Seller nor Buyer shall be liable in damages to
the other for any act, omission or circumstance occasioned by
or in consequence of any acts of God, strikes, lockouts, of
the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, lightening, earthquakes, fires, storms,
floods, washouts, arrests and restraints of rulers and
peoples, civil disturbances, explosions, breakage or accident
to machinery or lines of pipe, temporary failure of gas
supply, the binding order of any court of governmental
authority, and any other cause, whether of the kind herein
enumerated or otherwise, not within the control of the one
claiming suspension and which by the exercise of due