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.