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

(Continued)

 

 

7. Delivery:

7.1 Points of Delivery: The points of delivery to Buyer

shall be the delivery points stated in the executed service

agreement.

 

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