Ozark Gas Transmission System

First Revised Volume No. 1

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Effective Date: 10/01/1993, Docket: RS92- 72-003, Status: Effective

First Revised Sheet No. 16 First Revised Sheet No. 16 : Superseded

Superseding: Original Sheet No. 16

 

GENERAL TERMS AND CONDITIONS

(Continued)

gas to Shipper. Shipper warrants for itself, its

successors and assigns, that the natural gas it

tenders for delivery shall be free and clear of

all liens, encumbrances, and claims whatsoever,

that, at such time of delivery, it will have good

right and title to the natural gas and full right

and authority to deliver same, that it will

indemnify Transporter and save it harmless from

all suits, actions, debts, accounts, damages,

costs, losses, and expenses arising from or out

of any adverse claims of any and all persons to

said natural gas and/or to royalties, payments,

taxes, license fees, or charges thereon and

further, that it will indemnify Transporter and

save it harmless from all taxes or assessments

which may be levied and assessed upon such

natural gas prior to receipt and after delivery

by Transporter.

 

8.2 Shipper warrants for itself, its successors

and assigns, that any natural gas delivered to

Transporter shall meet each of the quality

standards set forth in Section 4 of these General

Terms and Conditions. Shipper further warrants

that it will indemnify Transporter and save it

harmless from all suits, actions, debts,

accounts, damages, costs, losses, and expenses

arising from or out of any claims, demands,

costs, expenses, penalties, or fines in any

manner directly or indirectly connected with or

growing out of Shipper's delivery to Transporter

of any natural gas that fails to meet each of the

quality standards set forth in Section 4 of these

General Terms and Conditions.

 

9. WAIVER

 

9.1 No waiver permitted by these General Terms and

Conditions, the applicable rate schedules, or the

service agreements by either Transporter or Shipper

of any provision, condition or requirement therein

shall be deemed to be a waiver of, or in any manner

release the other from, performance of any other

provision, condition, or requirement of these General

Terms and Conditions, the applicable rate schedules,

or the service agreements, nor shall such waiver be

deemed to be a waiver of, or in any manner release the

other from, future performance of the same provision,

condition or requirement; nor shall any delay or

omission of either Transporter or Shipper to exercise

any right in these General Terms and Conditions, the

applicable rate schedules, or the service agreements in

any manner impair the exercise of any such right or

any like right accruing to it thereafter.

 

 

10. FORM OF SERVICE AGREEMENT

 

10.1 Service rendered to Shipper shall be in

accordance with the provisions of a service

agreement executed between Transporter and

Shipper in the form of the applicable service

agreement contained in Transporter's FERC Gas

Tariff.