Northwest Pipeline Corporation
First Revised Volume No. 1-A
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Effective Date: 11/25/1990, Docket: GT91- 5-000, Status: Effective
Original Sheet No. 413 Original Sheet No. 413 : Effective
GENERAL TRANSPORTATION TERMS AND CONDITIONS
(Continued)
7. LIABILITY AND RISK OF LOSS (Continued)
7.2 Risk of Loss. Except as otherwise provided in the Transportation
Agreement, risk of loss to the volumes of gas transported shall pass to
Transporter upon delivery to Transporter for Shipper's account and to
Shipper upon delivery by Transporter for Shipper's account.
8. WARRANTY OF TITLE
8.1 Warranty. Transporter accepts Shipper's gas at the Receipt
Point(s) subject to the understanding that Shipper warrants that it will
at the time of delivery of gas to Transporter for transportation, have
good title to all gas so delivered to Transporter, free and clear of all
liens, encumbrances and claims whatsoever, and that it will at such time
of delivery have the right to delivery such gas. Transporter may also
request Shipper's proof of right to purchase or transport such gas.
Subject to the foregoing, Transporter warrants that it will at the
time of delivery of the transported gas to Shipper at the Delivery Point
have the right to deliver said gas free and clear of all liens,
encumbrances and claims whatsoever.
8.2 Indemnity. Each party shall indemnify, save and hold the other
party, its subsidiaries and/or affiliates and their directors, officers,
employees and agents, free and harmless from all suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or out of
adverse claims of all persons to the gas delivered by it to such other
party.
9. FORCE MAJEURE
Neither Transporter not Shipper shall be liable in damages to the
other for any act, omission or circumstance occasioned by or in
consequence of any blockades, insurrections, riots, epidemics, flood,
washouts, landslides, mudslides, earthquakes, extreme cold or freezing
weather, lightning, rulers and peoples, civil disturbances, explosions,
breakage or freezing of or accident to machinery or line of pipe, the
order of any court or governmental authority having jurisdiction, and any
other cause, whether of the kind herein enumerated or otherwise, not
reasonably within the control of the party claiming suspension and which
by the exercise of due diligence such party is unable to prevent or
overcome. Failure to prevent or settle any strike or strikes shall not
be considered a matter within the control of the party claiming
suspension.