Original Volume No. 1

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Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective

Original Sheet No. 48 Original Sheet No. 48


or on account of anything which may be done, happen or arise with

respect to such gas until Company redelivers such gas to

Customer or for the account of Customer. Company shall have no

responsibility with respect to such gas before Customer delivers

such gas to Company or after Company redelivers such gas to Customer

or for the account of Customer, or on account of anything which may

be done, happen or arise with respect to such gas before such delivery

or after such redelivery.




Customer warrants for itself, its successors, and assigns, that

it will at the time of delivery to Company for service hereunder

have good and marketable title to all gas delivered free and clear

of all liens, encumbrances and claims whatsoever. Customer shall

indemnify Company and save it harmless from suits, actions, debts,

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

out of adverse claims of any or all persons to said gas, including

claims for any royalties, taxes, license fees or charges applicable

to such gas or to the delivery thereof to Company for service hereunder.




11.1 Definition of Force Majeure and Operating Conditions


The term force majeure as employed herein shall mean acts of

God, strikes, lockouts or other industrial disturbances, acts

of the public enemy or terrorists, wars, blockades, insurrections,

riots, epidemics, landslides, lightning, earthquakes, fires,

storms, floods, washouts, arrests, the order of any court or

government authority having jurisdiction while the same is in

force and effect, civil disturbances, explosions, breakage,

accidents to machinery or lines of pipe, freezing of or damage to

receipt or delivery facilities, National Weather Service warnings

or advisories, whether official or unofficial, that result

in the evacuation of facilities, inability to obtain or unavoidable

delay in obtaining material or equipment, 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.


The term operating conditions as employed herein shall mean

the necessity to make modifications, tests, or repairs to Company's

facilities. Company shall exercise reasonable diligence to schedule

maintenance so as to minimize disruptions of service to Customers

and shall provide reasonable notice of the same. Operating conditions

shall not include routine maintenance during normal periods of

peak demand, where such maintenance was required due to Company's

negligence, willful actions or failure to act. In the event of