Common use of Ownership and Control Clause in Contracts

Ownership and Control. Owner shall be deemed to be in exclusive control and possession of all gas until it is delivered to Gatherer at the Receipt Point(s) specified herein, and after it has been delivered to Owner or for its account at the Delivery Point(s) specified herein. Gatherer shall be deemed to be in exclusive control and possession of all gas gathered hereunder after it is received by Gatherer at the Receipt Point(s) and until it is redelivered to Owner or for its account at the Delivery Point(s). The party deemed to be in exclusive control and possession of the gas gathered shall be responsible for and shall indemnify the other party against any injury or damage arising from such control or possession, except with regard to injury or damage caused by or arising out of the sole negligence or willful misconduct of the nonpossessory party. The parties hereto understand and acknowledge that title to all Gas shall at all times remain with Owner.

Appears in 11 contracts

Samples: Gathering Services Agreement, Gathering Services Agreement, Gathering Services Agreement

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Ownership and Control. Owner shall be deemed to be in exclusive control and possession of all gas Gas until it is delivered to Gatherer at the Receipt Point(s) specified herein, and after it has been delivered to Owner or for its account at the Delivery Point(s) specified herein. Gatherer shall be deemed to be in exclusive control and possession of all gas Gas gathered hereunder after it is received by Gatherer at the Receipt Point(s) and until it is redelivered to Owner or for its account at the Delivery Point(s). The party deemed to be in exclusive control and possession of the gas Gas gathered shall be responsible for and shall indemnify the other party against any injury or damage arising from such control or possession, except with regard to injury or damage caused by or arising out of the sole negligence or willful misconduct of the nonpossessory party. The parties hereto understand and acknowledge that title to all Gas shall at all times remain with Owner.

Appears in 1 contract

Samples: Gathering Services Agreement (PRB Gas Transportation, Inc.)

Ownership and Control. Owner shall be deemed to be in exclusive control and possession of all gas Gas until it is delivered to Gatherer at the Receipt Point(s) Points specified herein, and after it has Equivalent Quantities have been delivered to Owner or for its account at the Delivery Point(s) specified hereinPoints. Gatherer shall be deemed to be in exclusive control and possession of all gas Gas gathered hereunder after it is received by Gatherer at the Receipt Point(s) Points and until it is Equivalent Quantities have been redelivered to Owner or for its account at the Delivery Point(s)Points. The party deemed to be in exclusive control and possession of the gas Gas gathered shall be responsible for and shall indemnify the other party against any injury or damage Claim arising from such control or possession, except with regard to injury or damage any Claim caused by or arising out of the sole negligence or willful misconduct of the nonpossessory party. The parties hereto understand and acknowledge that title to all Gas shall at all times remain with Owner.

Appears in 1 contract

Samples: Gathering Services Agreement (PRB GasTransportation, Inc.)

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Ownership and Control. Owner shall be deemed to be in exclusive control and possession of all gas Gas until it is delivered to Gatherer at the Receipt Point(s) specified herein, and after it has been delivered to Owner or for its account at the Delivery Point(s) specified herein. Gatherer shall be deemed to be in exclusive control and possession of all gas gathered hereunder Gas after it is received by Gatherer at the Receipt Point(s) and until it is redelivered to Owner or for its account at the Delivery Point(s). The party Party deemed to be in exclusive control and possession of the gas gathered Gas shall be responsible for and shall indemnify the other party Party against any injury Claims or damage Damages arising from such control or possession, except with regard to injury or damage caused by or arising out of the sole negligence or willful misconduct of the nonpossessory party. The parties hereto understand and acknowledge that Party. Notwithstanding the foregoing, title to all Gas shall at all times remain with Owner.

Appears in 1 contract

Samples: Gathering Services Agreement

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