Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 09/01/1995, Docket: RP95-271-001, Status: Effective
2nd Revised Sheet No. 65 2nd Revised Sheet No. 65 : Effective
Superseding: 1st Revised Sheet No. 65
GENERAL TERMS AND CONDITIONS
(continued)
10. WARRANTY OF TITLE TO GAS
Shipper warrants that it will at the time of delivery have good and
merchantable title to all gas delivered by it to Transporter for
transportation by Transporter free and clear of all liens and
encumbrances. Transporter warrants that at the time of delivery of such
gas to Shipper such gas will be free and clear of all liens and
encumbrances. Transporter and Shipper will each indemnify the other and
save it harmless from all suits, actions, debts, accounts, damages,
costs, losses and expenses arising out of the adverse claim of any person
or persons to said gas for any taxes, licenses, fees or charges which are
applicable prior to the time of delivery of such gas to such other party.
Shipper will indemnify Transporter and save it harmless from all taxes and
assessments levied and assessed upon the sale and delivery of such gas to
Shipper and upon such gas prior to and upon delivery of such gas to
Transporter for transportation. Transporter will indemnify Shipper and
save it harmless from all taxes and assessments levied and assessed upon
the transportation of such gas by Transporter.
11. FORCE MAJEURE/PRORATION OF DELIVERIES
11.1 Relief from Liability
Neither party shall be liable in damages to the other on account of "force
majeure" occasioned by any act, omission, or circumstances occasioned by
or in consequence of any act of God, strikes, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests and restraints of rulers and people, civil
disturbances, explosions, breakage or accident to machinery or lines of
pipe, the binding order of any court or governmental authority, and any
other cause, whether of the kind herein enumerated or not, and not within
the control of the party claiming suspension and which by the exercise of
due diligence such party is unable to prevent or overcome. However,
failure to settle or prevent any strikes or other controversy