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