Distrigas of Massachusetts Corporation

First Revised Volume No. 1

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Effective Date: 12/17/1988, Docket: GT94- 26-000, Status: Effective

Fifth Revised Sheet No. 45 Fifth Revised Sheet No. 45 : Superseded

Superseding: Fourth Revised Sheet No. 45

6.5 Adjustment of Overcharge and Undercharge. If it is

found that at any time or times Buyer has been overcharged or

undercharged in any form whatsoever under the provisions hereof as

a result of an error in billing, then within thirty (30) days

after the final determination thereof, Seller shall refund the

amount of any such overcharge, and Buyer shall pay the amount of

any such undercharge.

 

7. Warranty of Title and Possession of LNG

 

7.1 Warranty of Title.

 

Seller agrees that it will, and it hereby does,

warrant that it will at the time of delivery have good title to

all LNG delivered by it to Buyer free and clear of all liens,

encumbrances and claims whatsoever, that it will at such times

have good right and title to sell said LNG, that it will

indemnify Buyer and save it harmless from all suits, actions,

debts, accounts, damages, costs, losses and expenses arising from

or out of adverse claims of any or all persons to title to

said LNG.

 

7.2 Title and Control of LNG.

 

Unless otherwise agreed, as between Seller and

Buyer, Seller shall be deemed to have title to and to be in

control and possession of all LNG until it shall have been

physically delivered to Buyer or for Buyer's account at the

point or points of delivery.

 

7.3 Consequential Damages.

 

Neither party shall be liable for any indirect

or consequential damages incurred by the other party in

connection with the performance or failure to perform any LNG

service available under this Tariff.