Southwest Gas Storage Company

Original Volume No. 1

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Effective Date: 01/20/1991, Docket: CP90-1014-002, Status: Effective

Original Sheet No. 109 Original Sheet No. 109 : Superseded







6.8 Warranty and Assignments


(a) Except as provided in Section 6.6(d) herein, both Seller

and Buyer will, as to the gas it delivers or causes to be

delivered to the other, indemnify and save the other

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 gas

and/or to royalties, taxes, fees or charges thereon.


(b) As to all matters within its actual or imputed control,

Buyer represents and warrants that service hereunder and

all arrangements incident thereto conform to applicable

regulations, and agrees to indemnify and hold Seller

harmless against any and all actions, suits or

proceedings, concerning such service or arrangements,

which are brought before or instituted by any authority

having jurisdiction.


(c) Seller shall be deemed to be in control and possession of

the gas stored hereunder only after the gas is received for

injection at the Point of Receipt, and before it is

withdrawn and delivered at the Point of Delivery. Buyer

shall be deemed to be in control and possession at all

other times. Whichever of Seller or Buyer is deemed to

be in control and possession of the gas will be

responsible for and shall indemnify the other party with

respect to any losses, injuries, claims, liabilities or

damages caused thereby and occurring while the gas is in

its possession.


(d) Both Seller and Buyer may assign or pledge the Storage

Service Agreement and all rights and obligations thereunder

under the provisions of any mortgage, deed of trust,

indenture or other instrument which it has executed or may

execute hereafter as security for

indebtedness; otherwise, neither Seller nor Buyer shall

assign the Storage Service Agreement or any of its

rights hereunder unless it shall first have obtained the

written consent of the other(s). Such consent shall not be

unreasonably withheld.