provided upon the sending Party's receipt of its facsimile
machine's confirmation of successful transmission; however, if the Day on which
such facsimile is received is not a Business Day or is after five p.m. on a
Business Day, then such facsimile shall be deemed to have been provided on
15
the next following Business Day.
To Customer:
Gas Scheduling
Attn: Gas Control
Street Address or P.O. Box 1775 Sherman Street, Suite 1200
City, State Zip Denver, CO
80203
Telephone:
303-861-8140
Facsimile:
303-830-2216
E-mail:

Contractual Matters
Attn:
Contract Administration
1775 Sherman Street, Suite 1200
Denver, CO 80203
Wiring Instructions:
SM Energy Company
Wells Fargo Bank West, NA
1740 Broadway, Denver, CO
80274
Acct:
[*****]
ABA for ACH: [*****]
ABA for Wire Transfer: [*****]
To Eagle Ford:
Attn:
Contract Services
2727 Allen Parkway, Suite 1200
Houston, Texas 77019
Telephone:
(713) 621-9547
Facsimile:
(713) 737-9047
E-mail:

Wiring Instructions:
Bank:
Comerica Bank
ABA:
[*****]
Account Name:
[*****]
Account:
[*****]
17.2
Dispatching Notices. Eagle Ford may notify Customer in writing, by
facsimile, by electronic means, or orally by telephone followed within a
reasonable time with a written confirmation of changes in Eagle Ford's Gas
dispatching requirements.
ARTICLE XVIII - WARRANTY AND INDEMNIFICATION
18.1
WARRANTY OF TITLE. CUSTOMER HEREBY WARRANTS TO EAGLE FORD THAT IT OR
THE OWNER FOR WHOM IT IS ACTING HAS GOOD, MERCHANTIBLE TITLE TO THE GAS
DELIVERED HEREUNDER AND THE PLANT PRODUCTS CONTAINED THEREIN, THE RIGHT TO
DELIVER AND SELL SAME, AND THAT SUCH GAS AND PLANT PRODUCTS ARE FREE FROM ALL
LIENS AND ADVERSE CLAIMS, AND CUSTOMER AGREES TO INDEMNIFY EAGLE FORD AND ITS
MEMBERS FROM AND AGAINST ANY AND ALL LIABILITIES, SUITS, ACTIONS, DEBTS,
ACCOUNTS, DAMAGES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES), LOSSES AND
EXPENSES ARISING
16
FROM OR OUT OF ANY ADVERSE CLAIMS OF ANY AND ALL PERSONS MADE AGAINST EAGLE FORD
OR ITS MEMBERS REGARDING TITLE TO OR OWNERSHIP OF THE GAS AND PLANT PRODUCTS.
18.2
ADVERSE CLAIMS. IN THE EVENT ANY ADVERSE CLAIM IS ASSERTED WITH
RESPECT TO ANY OF CUSTOMER'S GAS OR PLANT PRODUCTS, EAGLE FORD MAY WITHHOLD ANY
PAYMENT DUE CUSTOMER HEREUNDER THAT RELATES TO THE SPECIFIC VOLUME OF CUSTOMER'S
GAS OR PLANT PRODUCTS AGAINST WHICH THE CLAIM IS MADE WITHOUT INTEREST UNTIL
SUCH CLAIM HAS BEEN FINALLY DETERMINED OR UNTIL CUSTOMER FURNISHES EAGLE FORD A
BOND, IN FORM AND WITH SURETIES REASONABLY ACCEPTABLE TO EAGLE FORD, CONDITIONED
TO HOLD EAGLE FORD AND ITS MEMBERS HARMLESS FROM ANY SUCH CLAIMS.
18.3
OWNERSHIP PAYMENTS. CUSTOMER AGREES TO PAY OR CAUSE TO BE PAID TO
THE PARTIES ENTITLED THERETO ALL WORKING INTEREST, ROYALTIES, OVERRIDING
ROYALTIES, PAYMENTS OUT OF PRODUCTION, AND OTHER LIKE CHARGES APPLICABLE TO THE
GAS AND PLANT PRODUCTS.
18.4
COMPLIANCE WITH REGULATIONS. CUSTOMER WARRANTS THAT ANY GAS
TRANSPORTED UNDER THIS AGREEMENT THAT IS SUBSEQUENTLY DELIVERED INTO INTERSTATE
COMMERCE SHALL BE TRANSPORTED (i) BY THE RECEIVING INTERSTATE PIPELINE ON BEHALF
OF AN INTRASTATE PIPELINE OR A LOCAL DISTRIBUTION COMPANY PURSUANT TO THE
PROVISIONS OF SECTION 311(A)(1) OF THE NATURAL GAS POLICY ACT OF