Common use of Use of Gas Clause in Contracts

Use of Gas. Xxxxx agrees and confirms that it shall use the Gas purchased under this Agreement only in accordance with the provisions of this Clause 4(c). Xxxxx further acknowledges, agrees and confirms that any breach of this Clause 4(c) by the Buyer shall be a material breach of this Agreement in terms of Clause 19(b)(v). Buyer shall indemnify and hold harmless Sellers, its Affiliates and its and their officers, employees and agents against any and all claims, liabilities, costs, expenses, damages, or losses incurred or suffered by the Sellers, its Affiliates and its and their officers, employees and agents arising out of or in connection with the breach of this Clause 4(c). (i) sell Gas purchased under this Agreement only to CNG(T)/PNG(D) consumers in the Authorised Area and; (ii) not use (or allow the use of) Gas purchased under this Agreement except as provided in Clause 4(c)(i) above (excluding, in either case, Gas that is lost or consumed in Transporter’s Facilities while being transported from the Delivery Point to Buyer’s Facilities and Gas that is lost or consumed in Buyer’s Facilities while carrying out the distribution of Gas).