Garden Banks Gas Pipeline, LLC

Original Volume No. 1

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Effective Date: 11/01/1999, Docket: RP00- 19-000, Status: Effective

Original Sheet No.315 Original Sheet No.315 : Effective

 

FORM OF NGL BANK AGREEMENT

 

ARTICLE IX

MISCELLANEOUS

 

9.1 SHIPPER AGREES THAT NEITHER ADMINISTRATOR OR TRANSPORTER

SHALL HAVE ANY LIABILITY TO SHIPPER OR ITS DESIGNATED AGENT IN

CONNECTION WITH THE OPERATION AND ADMINISTRATION OF THE NGL BANK

AND SHIPPER HEREBY AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD

HARMLESS ADMINISTRATOR AND TRANSPORTER FROM AND AGAINST ALL

CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, JUDGMENTS,

LOSSES, PENALTIES, FINES, DAMAGES AND EXPENSES (INCLUDING,

WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS) IN

CONNECTION THEREWITH. IT IS THE INTENT OF THE PARTIES THAT THIS

INDEMNITY BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE

CAUSE(S) THEREOF, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE

OF THE INDEMNIFIED PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT

OR CONCURRENT, OR ACTIVE OR PASSIVE OR THE STRICT LIABILITY OF

THE INDEMNIFIED PARTY.

 

9.2 Shipper acknowledges and agrees that because other shippers'

gas may have a different NGL content than that of Shipper,

Transporter cannot and, therefore, is not obligated to deliver to

each shipper at a Delivery Point the same volume of NGLs as

received by Transporter from that shipper at a Receipt Point.

Shipper also acknowledges and agrees that the commingled gas

stream may contain more or less NGLs than Shipper delivered to

Transporter at Transporter's points of gas receipt.

 

9.3 Shipper recognizes that settlement conducted under this

Agreement, while intended to mitigate the inequity caused by one

shipper's natural gas stream with relatively low NGL content

being enriched by another shipper's natural gas stream with

relatively high NGL content when those gas streams are

commingled, will not necessarily eliminate any or all such

inequities. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY

CONTAINED HEREIN, SHIPPER HEREBY ACCEPTS THE NGL BANK "AS IS" AND

"WITH ALL FAULTS". SHIPPER ACKNOWLEDGES THAT NEITHER TRANSPORTER

OR ADMINISTRATOR HAS MADE, AND TRANSPORTER AND ADMINISTRATOR

HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES,

EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT

LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,

QUALITY, MERCHANTABILITY OR CONDITION WITH RESPECT TO THE NGL

BANK. SHIPPER EXPRESSLY ASSUMES THE RISK OF ANY DEFECT IN OR

FAILURE OF THE NGL BANK AND HEREBY FULLY RELEASES AND RELIEVES

AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRANSPORTER AND

ADMINISTRATOR WITH RESPECT TO ANY LIABILITY TO SHIPPER AS A

RESULT THEREOF.