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Enron Mail |
Please add to Miscellaneous Section of Dedicated Reserve Contract between ENA
and Hurley. 10.7?? Seller's Representative: Seller does hereby appoint Cutter Oil Company as its agent and third party representative under the Contract (the "Seller's Representative") and does hereby authorize such Seller's Representative to give and receive all notices, to make and witness any tests to be made of the gas and measuring equipment and adjustments to such equipment; to receive statements for gas delivered or to be paid for hereunder; to make and receive any and all pipeline nominations for gas to be delivered hereunder; to receive and receipt for payments made or to be made; to give and receive changes on quantities of gas to be delivered; to furnish Buyer allocations upon which Buyer may make any and all payments due Seller; to adjust any mechanical difference that may arise between Buyer and Seller with respect to measurements, billing and payments made or to be made, the allowance of credits and any undercharge or overcharge with respect to such difference; and to otherwise perform Seller's obligations under the Contract. No appointment of the Seller's Representative will discharge Seller of its obligations hereunder and Seller shall indemnify, defend and hold harmless Buyer from any claims, damages or losses, including, without limitation, attorney's fees, made as result of any act or omission to act of the Seller's Representative WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.
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