Common use of WARRANTY OF TITLE TO GAS Clause in Contracts

WARRANTY OF TITLE TO GAS. 1. Seller hereby warrants title to the Gas sold and delivered hereun­der and the right of Seller to sell the same; and the Seller warrants that all such Gas is owned by Seller, or that Seller has the right to market said Gas free from all liens and adverse claims, including liens to secure payments of production taxes, severance taxes, and other taxes. Seller agrees to indemnify Buyer/Processor and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and all persons, firms, or corpo­rations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon, which are applicable before the title to the Gas passes to Buyer/Processor. Buyer/Processor, at any time thereafter, when it shall appear to Buyer/Process or by reason of receipt of written notice of claim or dispute that the ownership or title to all or part of the Leases, or the Gas produc­ed therefrom, may be in a party or parties other than Seller or upon learning of any other claims, liens, taxes, royalties, fees, expenses or other adverse claims, may retain as security for the performance of Seller's obligations with respect thereto, the entire purchase price of the Gas until Buyer/Processor has been satisfied as to the amount of such claim or ownership claimed, and thereafter up to the amount of such ownership interest or claim until it has been finally determined and satisfied or until Seller shall have furnished a bond to Buyer/Processor in an amount and with sureties satisfactory to Buyer/Processor, conditioned upon the protection of Buyer/Processor with respect to such ownership or claim.

WARRANTY OF TITLE TO GAS. 1. Seller hereby warrants title to the Gas sold and delivered hereun­der hereunder and the right of Seller to sell the same; and the Seller warrants that all such Gas is owned by Seller, or that Seller has the right to market said Gas free from all liens and adverse claims, including liens to secure payments of production taxes, severance taxes, and other taxes. Seller agrees to indemnify Buyer/Processor and save it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and all persons, firms, or corpo­rations corporations to said Gas or to royalties, overriding royalties, taxes, license fees, or charges thereon, which are applicable before the title to the Gas passes to Buyer/Processor. Buyer/Processor, at any time thereafter, when it shall appear to Buyer/Process or Processor by reason of receipt of written notice of claim or dispute that the ownership or title to all or part of the Leases, or the Gas produc­ed produced therefrom, may be in a party or parties other than Seller or upon learning of any other claims, liens, taxes, royalties, fees, expenses or other adverse claims, may retain as security for the performance of Seller's obligations with respect thereto, the entire purchase price of the Gas until Buyer/Processor has been satisfied as to the amount of such claim or ownership claimed, and thereafter up to the amount of such ownership interest or claim until it has been finally determined and satisfied or until Seller shall have furnished a bond to Buyer/Processor in an amount and with sureties satisfactory to Buyer/Processor, conditioned upon the protection of Buyer/Processor with respect to such ownership or claim.

WARRANTY OF TITLE TO GAS. 1. Seller 14.1 Producer hereby warrants title to the Gas sold (including Residue Gas and/or Plant Products attributable to Producer’s Gas) delivered hereunder and delivered hereun­der that Producer has good and the right of Seller lawful rights to sell the same; and the Seller . Producer further warrants that all such Gas (including Residue Gas and/or Plant Products attributable to Producer’s Gas) is either owned by Seller, Producer or that Seller Producer has the right to market said Gas same free from and clear of any and all liens and adverse claimsliens, including liens to secure payments of production taxes, severance taxesencumbrances, and claims whatsoever. As to Gas (including Residue Gas and/or Plant Products attributable to Producer’s Gas) not owned by Producer which Producer warrants the right to market, Producer warrants it has the right and authority to act on behalf of the party owning such Gas (including such Residue Gas and/or such Plant Products) with respect to all matters covered by this Agreement. Producer shall at all times have the obligation to make settlements for all royalties due, and to make settlements with all other taxespersons having any interest in the commodities sold by Producer hereunder. Seller Producer agrees to defend, indemnify Buyer/Processor and save it harmless from all suits, actions, debts, accounts, damages, costs, costs and losses and expenses arising from or out of adverse claims of any and all persons, firms, firms or corpo­rations corporations to said Gas (including Residue Gas and/or Plant Products attributable to Producer’s Gas) or payments therefore or to royalties, overriding royalties, taxes, license fees, or charges thereon, which are applicable before the title passes to Processor. Notwithstanding any provision of this Section 14.1 to the Gas passes to Buyer/Processor. Buyer/Processorcontrary, at Producer’s warranties do not include any time thereafter, when it shall appear to Buyer/Process or by reason of receipt of written notice of claim or dispute that the ownership or title to all or part of the Leases, or the Gas produc­ed therefrom, may be in a party or parties other than Seller or upon learning of any other claims, liens, taxes, royalties, fees, expenses claims or other adverse claims, may retain as security for the performance of Seller's obligations with respect thereto, the entire purchase price of the Gas until Buyer/Processor has been satisfied as to the amount of such claim or ownership claimed, and thereafter up to the amount of such ownership interest or claim until it has been finally determined and satisfied or until Seller shall have furnished a bond to Buyer/Processor in an amount and with sureties satisfactory to Buyer/Processor, conditioned upon the protection of Buyer/Processor encumbrances with respect to such ownership the Residue Gas or claimthe Plant Products attributable to Producer’s Gas which may be created by, through or under Processor. In this regard, Processor warrants that the Residue Gas and the Plant Products attributable to Producer’s Gas shall be free and clear of any and all liens, claims and encumbrances whatsoever created by, through and under Processor. In addition, Processor agrees to defend and indemnify Producer and save it harmless from all suits, actions, debts, accounts, damages, costs and losses and expenses arising from or out of adverse claims of any and all persons, firms or corporations to the Residue Gas and/or the Plant Products attributable to Producer’s Gas arising by, through or under Processor or to taxes, license fees or charges thereon, which are applicable after title passes to Processor. 14.2 SUBJECT TO SECTION 3.3, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, IN TORT, CONTRACT OR OTHERWISE, EXCEPT FOR ANY OF THE FOREGOING PAID BY A PARTY TO A NON-AFFIILATE THIRD PARTY.