Common use of Nonconforming Natural Gas Clause in Contracts

Nonconforming Natural Gas. If any Seller’s Gas delivered or proposed to be delivered by Seller does not conform to the Contract Specifications, Buyer shall not purchase or take title to such nonconforming Seller’s Gas. Seller shall reimburse and indemnify Buyer from and against, and pay or reimburse Buyer for, any and all direct Losses, to the extent arising from (i) Seller’s Gas that does not conform to the Contract Specifications delivered by Seller into the gas transportation grid; and (ii) Buyer’s unknowing acceptance of Seller’s Gas that does not conform to the Contract Specifications, all actual costs and expenses suffered by Buyer as a consequence thereof, to the extent directly arising from Seller’s Gas that does not conform to the Contract Specifications. Buyer shall take all commercially reasonable actions to minimize its losses and damages occurring as a result of being delivered Seller’s Gas that does not conform to the Contract Specifications. Notwithstanding the foregoing, in no event shall Seller be liable for, or indemnify Buyer for, Losses arising in whole or in part as a result of Buyer’s or Transporter’s actions taken or conditions arising after Seller delivers Seller’s Gas at the Delivery Point. Certain confidential information has been omitted from this document, as indicated by the notation “[*]”. The omitted information has been filed on a confidential basis with the Securities and Exchange Commission pursuant to a request for confidential treatment.

Nonconforming Natural Gas. If any Seller’s Gas delivered or proposed to be delivered by Seller does not conform to the Contract Specifications, Buyer shall not purchase or take title to such nonconforming Seller’s Gas. Seller shall reimburse and indemnify Buyer from and against, and pay or reimburse Buyer for, any and all direct Losses, to the extent arising from caused by (i) Seller’s Gas that does not conform to the Contract Specifications delivered by Seller into the gas transportation grid; and (ii) Buyer’s unknowing acceptance of Seller’s Gas that does not conform to the Contract Specifications, all actual costs and expenses suffered by Buyer as a consequence thereof, to the extent directly arising from Seller’s Gas that does not conform to the Contract Specifications. Buyer shall take all commercially reasonable actions to minimize its losses and damages occurring as a result of being delivered Seller’s Gas that does not conform to the Contract Specifications. Notwithstanding the foregoing, in no event shall Seller be liable for, or indemnify Buyer for, Losses arising in whole or in part as a result of Buyer’s or Transporter’s actions taken or conditions arising after Seller delivers Seller’s Gas at the Delivery Point. Certain confidential information has been omitted from this document, as indicated by the notation “[*]”. The omitted information has been filed on a confidential basis with the Securities and Exchange Commission pursuant to a request for confidential treatment. indemnify Buyer for, Losses arising in whole or in part as a result of Buyer’s or Transporter’s actions taken or conditions arising after Seller delivers Seller’s Gas at the Delivery Point.