TITLE, WARRANTY, AND INDEMNITY. 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s).
TITLE, WARRANTY, AND INDEMNITY. 8.1. Title to the Product and risk of loss associated with the Product shall pass to the Buyer upon delivery at the specified Delivery Location(s), when completed as follows:
TITLE, WARRANTY, AND INDEMNITY. 12.1 Seller shall have title, custody and control of the Gas and shall assume liability and risk of loss with respect to the Gas prior to the applicable Delivery Point. Buyer shall have title, custody and control of the Gas and shall assume liability and risk of loss with respect to the Gas at and after the applicable Delivery Point.
TITLE, WARRANTY, AND INDEMNITY. Unless otherwise specifically agreed, title to the gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the gas prior to its delivery to Buyer at the Delivery Point(s). Buyer shall have responsibility for and any liability with respect to said gas after its delivery to Buyer at the Delivery Point(s). Seller warrants that it will have the right to convey and will transfer good and merchantable title to all gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. XXXXXX AGREES TO INDEMNIFY BUYER AND SAVE IT HARMLESS FROM ALL LOSSES, LIABILITIES OR CLAIMS INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF COURT ("CLAIMS"), FROM ANY AND ALL PERSONS, ARISING FROM OR OUT OF CLAIMS OF TITLE, PERSONAL INJURY OR PROPERTY DAMAGE FROM SAID GAS OR OTHER CHARGES THEREON WHICH ATTACH BEFORE TITLE PASSES TO BUYER (EXCEPT TO THE EXTENT SUCH INJURIES AND DAMAGE ARE CAUSED BY THE NEGLIGENCE OF BUYER). XXXXX AGREES TO INDEMNIFY SELLER AND SAVE IT HARMLESS FROM ALL CLAIMS, FROM ANY AND ALL PERSONS, ARISING FROM OR OUT OF CLAIMS REGARDING PAYMENT, PERSONAL INJURY OR PROPERTY DAMAGE FROM SAID GAS OR OTHER CHARGES THEREON WHICH ATTACH AFTER TITLE PASSES TO BUYER (EXCEPT TO THE EXTENT SUCH INJURIES AND DAMAGE ARE CAUSED BY THE NEGLIGENCE OF SELLER).
TITLE, WARRANTY, AND INDEMNITY. SCO Supplier shall have responsibility for, and assume any liability with respect to the Gas prior to its delivery to Columbia at the specified Pipeline Scheduling Points. Subject to the exceptions set forth hereinbelow, Colum- bia shall have responsibility for and any liability with respect to the distribution of said Gas after its delivery to Columbia at the Pipeline Scheduling Points. SCO Supplier warrants that it will, at the time and place of delivery, have good right and title to all volumes of Gas delivered on its behalf. Except as provided in this Article 11 and in Article 18, all other warranties, express or implied, including any warranty of merchantability or fitness for any purpose with regard to the Gas are dis- claimed. SCO Supplier agrees to indemnify Columbia and save it harmless from all losses, liabilities or claims including reasonable attorneys’ fees and costs of court (“Claims”), from any and all persons, arising from or out of claims of title, personal injury or property damage from said Gas or other charges. Notwithstanding the other provisions of this Article 11, as between SCO Supplier and Columbia, SCO Supplier will be liable for all Claims to the extent that such arise from the failure of Gas delivered by SCO Supplier to meet quality requirements.
TITLE, WARRANTY, AND INDEMNITY. 11.1 With respect to the SCO Pool, SCO Supplier shall have responsibility for, and assume any liability with respect to, the Gas. With respect to the DSS Pool, SCO Supplier shall have responsibility for, and assume any liability with respect to, the Gas prior to its delivery to CenterPoint at the specified Delivery Point(s). Subject to the exceptions set forth herein below, CenterPoint shall have responsibility for and any liability with respect to the distribution of said Gas after its delivery to CenterPoint at the Delivery Point(s).
TITLE, WARRANTY, AND INDEMNITY. Section 8.3 is hereby amended by adding the following sentence to the end of this paragraph: “Neither party shall be obligated to indemnify, defend, or hold the other party harmless to the extent any liability, suit, action, damage, loss or expense arises out of or in connection with any intentional act, negligent act or failure to act on the part of the other party, its officers, agents, or employees.”
TITLE, WARRANTY, AND INDEMNITY. Seller warrants that at the time of delivery it will have title to the Coal, and will deliver the Coal to Buyer, free and clear of all liens, claims and encumbrances arising prior to the transfer of title to Buyer. Seller and Xxxxx shall each indemnify, defend and hold harmless the other Party from any Claims arising from failure of title or loss of the Coal while title to and risk of loss of the Coal is vested in the indemnifying Party.
TITLE, WARRANTY, AND INDEMNITY. Section 8.2 shall be amended by inserting the phrase “SECTION 5,” between “SECTION 8.2” and “AND IN SECTION 15.8” in the last sentence. Add the following to the end of Section 8:
TITLE, WARRANTY, AND INDEMNITY. In Section 8.4 add “to the extent the Delivery Point is located therein” before “;” in the third line.
