Common use of WARRANTY OF TITLE TO GAS Clause in Contracts

WARRANTY OF TITLE TO GAS. 1. Seller waµ-anls ihe iiHe to all gas delivered hereunder and the right to sell !he same and Xxx! such gas shall be free'and clear from all liens and-adverse daims. 1. In the event of eilher partYhe~!o being rendered unable ll'xxxxx or in part by force majeure_to cany out ils obligations under this rontract, olherthan lo make payments due hereunder,.it is agreed that on.such party giving notice and full particulars of such iorce majeure in writing orby telegraph'to the otherparty as soon as possible after the qccurrence of the cause reiied on, 11\en the obligations of the pal1yglving such notice, so far as they are affected by such force llia},ure, shall be suspended during the continuous of any inabifity so caused but for no longer period ;md such cause shall as far as possible be remedied wilh all reasonable dispatdi, The term "force majeure· as employed herein shall mean ads of God, strikes, /oc~ouls, or other industrial disturbances, _acts.of public enemy, wars, blockades, insurrections, riots,.epidemits, landslides, lightning, earthquakes, fires, storms, noods, washouts, arrests, ·and restraints of government and people, ci1,1t dislllrtlances, explosions, breakage or accidents lo machinery or fines or pipe, freezing of xxxxx or lines or pipe, partial or entire failure of source of sllpply,.and any other causes whetl!erof the kind herein enumerated orolheiwise, not within the control of the party , claiming suspension and which by the.exercise of dir diligence such party fs unable ti prevent or overi:ome; sudi terms shall likewise include (a) in ·those instances where either party hereto is required to oblain servitudes, rights-or-way grants, 'permits, or licenses: and (b) in those instances where either pa[ly tjereto is required to furnish male rials and_ supplies to secure grants or permission from any governmental agency to enable such party to fuffi!Lits obligations hereunder, the inability ofsuch party to acquire at reasonable cost.and after the exercise of rea·sonable diflgence such materials and supplies, permits and permissions. 2. It is understood and agreed thanhe settlement of.strikes or Jockouls shall ~e entirely Wilhin the discretion of lite party involl/lld and that tile _above requirement that any force majeure shall be remedied will all reasonable dispatcfi shall not require the setilement of stnRes or lockouts acceding lo ttie demands or opposing party when such course is inaovi(xlble in the discretion of sucfi party:

Appears in 1 contract

Samples: Service Agreement

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WARRANTY OF TITLE TO GAS. 1. Seller waµ-anls ihe iiHe Sellerwarrants !he uue to all gas delivered hereunder and the right to lo sell !he Iha same and Xxx! that such gas shall be free'and free and clear from all liens and-and adverse daims.claims. ArtlcleXlll FORCE MAJEURE 1. In the event of eilher partYhe~!o either party hereto being rendered unable ll'xxxxx wholly or in In part by force majeure_to cany ma)xxxx to carry out ils its obligations under this rontractcontract, olherthan other than lo make payments due hereunder,.it hereunder, it is agreed that on.such !hat on such party giving notice noUce and full particulars of such iorce force majeure in In writing orby telegraph'to or by telegraph to the otherparty as other party es soon as possible after the qccurrence . oo:urrence of the Ille cause reiied relied on, 11\en the the11 lhe obligations of the pal1yglving party giving such notice, so far as they are affected by such force llia},uremajeure, shall be suspended during the continuous !he continuoos of any inabifity lnablnly so caused but for no longer period ;md and such cause shall as far as possible be remedied wilh with all reasonable dispatdi, dispatch. The term lerm "force majeure· mejeure' as employed herein shall mean ads acts of God, strikes, /oc~oulslockouts, or other industrial lndusbial disturbances, _acts.of public acts of publie enemy, wars, blockades, insurrectionsInsurrections, riots,.epidemitsnots, epidemics, landslides, lightninglighlnlng, earthquakes, fires, storms, noodsHoods, washouts, arrests, ·and restraints reslraints of government and people, ci1,1t dislllrtlancescivil disturbances, explosions, breakage or accidents lo machinery to machine!)' or fines lines or pipe, freezing freezlng of xxxxx or lines orllnes or pipe, partial or entire failure of source of sllpply,.and supply, and any other causes whetl!erof the whether of !he kind herein enumerated orolheiwiseor otherwise, not within the control of the !he party , claiming clatming suspension and which by the.exercise the exercise of dir diligence diligenca such party fs is unable ti prevent to prevenl or overi:omeovercome; sudi terms such tenns shall likewise include Include (a) in ·those instances In !hose Instances where either party hereto is Is required to oblain servitudesobtain xxx\'itudes, rights-orOf-way grants, 'permitspennits, or licenses: ; and (b) in In those instances Instances where either pa[ly tjereto is party herelo Is required to lo furnish male rials and_ materials and supplies to secure grants or permission from any governmental agency to lo enable such party to fuffi!Lits obligations fulfill ils obllgaUons hereunder, the inability ofsuch Inability of such party to acquire at reasonable cost.and after the cost and afterlhe exercise of rea·sonable diflgence reasonable diligence such materials and supplies, permits pennils and permissions. 2. It is understood and agreed thanhe settlement of.strikes or Jockouls shall ~e entirely Wilhin the discretion of lite party involl/lld and that tile _above requirement that any force majeure shall be remedied will all reasonable dispatcfi shall not require the setilement of stnRes or lockouts acceding lo ttie demands or opposing party when such course is inaovi(xlble in the discretion of sucfi party:

Appears in 1 contract

Samples: Natural Gas Agreement

WARRANTY OF TITLE TO GAS. 1. Seller waµ-anls ihe iiHe to Sellerwarrants the t1Ue to-all gas delivered deilvered hereunder and the right nght to sell !he the same and Xxx! that such gas shall be free'and free and clear from all liens and-hens and adverse daims. 1. clatms Article XIII FORCE MAJEURE In the event of eilher partYhe~!o being eventofe1ther party hereto bemg rendered unable ll'xxxxx wholly or in part by force majeure_to cany majeure to carry out ils obligations 1\s under this rontractttus contract, olherthan lo other than to make payments due hereunder,.it is hereunder, 11 IS agreed that on.such on such party giving notice g1v1ng noflee and full particulars of such iorce majeure force maJeure in writing orby telegraph'to wnbng or by telegraph to the otherparty other party as soon as possible after the qccurrence occurrence of the cause reiied rehed on, 11\en then the obligations obligatiOns of the pal1yglving party giVmg such notice, so far as they fuey are affected by such force llia},uremajeure, shall be suspended during dunng the continuous contmuous of any inabifity mablhty so caused but for no longer period ;md penod and such cause shall as far as possible poss1b!e be remedied wilh With all reasonable dispatdi, dispatch. The term "force majeure· " as employed herein here1n shall mean ads acts of God, strikesstnkes, /oc~oulslockouts, or other industrial 1ndustnal disturbances, _acts.of acts of public enemy, wars, blockades, insurrections1nsurrecfions, riots,.epidemitsnols, epidemics, landslides, lightninghghtmng, earthquakes, fires, storms, noodsfloods, washouts, arrests, ·and restraints of government and people, ci1,1t dislllrtlancesc1vtl disturbances, explosions, breakage or accidents lo to machinery or fines or p1pe, freezmg of xxxxx or fines or pipe, freezing partJal or failure ofsource of xxxxx or lines or pipesupply, partial or entire failure of source of sllpply,.and and any other causes whetl!erof whether of the kind herein kmd here1n enumerated orolheiwiseorotherw1se, not within the Within Ute control of the party , claiming cla1mmg suspension and which WhJch by the.exercise the exerose of dir diligence d1r d1hgence such party fs IS unable ti lo prevent or overi:ome; sudi oroverrome, such terms shall likewise include likewiSe Include (a) in ·1n those instances Instances where either e1ther party hereto is required 1s reqwed to oblain servitudesoblam seNtludes, rightsnghts-or-way of·way grants, 'permitsperrmts, or licenses: , and (b) in 1n those instances Instances where either pa[ly tjereto is required etther party hereto Js reqwred to furnish male rials and_ matenals and supplies to secure grants or permission perm1ss1on from any governmental agency to enable such party to fuffi!Lits fulfill lis obligations hereunderhemunder, the inability ofsuch mabdtty of such party to acquire acqUire at reasonable cost.and cost and after the exercise exercJSa of rea·sonable diflgence reasonable d1lrgence such materials matenals and supplies, permits permtl'l and permissions. 2. perrmsstons 2 It is 1s understood and agreed thanhe that the settlement of.strikes of stnkes or Jockouls shall ~e entirely Wilhin lockouts shaH be ent1rely w1th1n the discretion d1screfion of lite the party involl/lld Involved and that tile _fuat the above requirement requuemant that any force majeure shall shan be remedied will remedted Will all reasonable dispatcfi dispatch shall not require the setilement settlement of stnRes stnkes or lockouts acceding lo ttie accedmg to the demands or opposing of opposmg party when such course is inaovi(xlble in the discretion 1s inadvtsable mUte dtscretion of sucfi such party:

Appears in 1 contract

Samples: Service Agreement and Transportation Agreement

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WARRANTY OF TITLE TO GAS. 1. Seller waµ-anls ihe iiHe to warrants the title lo all gas delivered hereunder and \he right lo sell the right to sell !he same and Xxx! \hat such gas shall be free'and free and clear from all liens and-and adverse daims. 1claims. In the lhe event of eilher partYhe~!o ellher party hereto being rendered unable ll'xxxxx wholly or in part by force majeure_to cany majeure to carry out ils its obligations under this rontract\his contract, olherthan other than lo make payments due hereunder,.it is hereunder, it Is agreed that on.such \hat on such party giving notice and full particulars of such iorce force majeure in writing orby telegraph'to or by telegraph lo the otherparty party as soon as possible after the qccurrence \he occurrence of the \he cause reiied relied on, 11\en \hen the obligations of the pal1yglving \he party gi\llng such notice, so far as they \hey are affected by such force llia},uremaJeure, shall be suspended during the continuous of any inabifity inability so caused but for no forno longer period ;md and such cause shall as far as possible be remedied wilh with all reasonable dispatdi, dispatch. The term "force majeure· Ima majeure• as employed herein shall mean ads me<Jn acts of God, strikes, /oc~oulslockouls, or other industrial disturbances, _acts.of acts of public enemy, wars, blockades, insurrections, riots,.epidemitsriots, epidemics, landslides, lightninglighlnlng, earthquakes, fires, storms, noodsfloods, washouts, arrests, ·and restraints of government and people, ci1,1t dislllrtlancescivil disturbances, explosions, breakage or accidents lo accidenls to machinery or fines Xxxxx or pipe, freezing of xxxxx or lines or pipe, partial or entire failure of source of sllpply,.and supply, and any other causes whetl!erof whether of the kind herein enumerated orolheiwiseor olherwlse, not within the llilhln \he control of the \he party , claiming suspension and which by the.exercise Iha exercise of dir dlr diligence such party fs is unable ti to prevent or overi:omeovercome; sudi such terms shall likewise include (a) in ·\hose Instances where either party hereto is required lo oblsln servitudes, rights-of-way grants, permits, or licenses; and (b) in those instances where either party hereto is required to oblain servitudes, rights-or-way grants, 'permits, or licenses: furnish materials and (b) in those instances where either pa[ly tjereto is required to furnish male rials and_ supplies to secure grants or permission pellllission from any governmental agency to lo enable such party to fuffi!Lits obligations fulfill its obligaUons hereunder, the llie inability ofsuch of such party to acquire at aequlre al reasonable cost.and cost and after the \he exercise of rea·sonable diflgence such ofreasonable dlllgenoosuch materials and supplies, permits and end permissions. 2. It is understood and agreed thanhe that lhe settlement of.strikes of strikes or Jockouls lockouts shall ~e be entirely Wilhin the within lhe discretion of lite \he party involl/lld involved and that tile _\hat lhe above requirement that \hat any force majeure shall be remedied will wru all reasonable dispatcfi dispatch shall not no\ require the setilement lhe settlement of stnRes strikes or lockouts acceding lo ttie to the demands or of opposing party when such course is inaovi(xlble ls inadvisable in the \he discretion of sucfi such party:.

Appears in 1 contract

Samples: Natural Gas Agreement

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