Dominion South Pipeline Co., LP

Original Volume No. 1

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Effective Date: 12/16/2005, Docket: CP05- 77-001, Status: Effective

Original Sheet No. 1081 Original Sheet No. 1081 : Effective

 

 

GENERAL TERMS AND CONDITIONS

INDEMNIFICATION

 

 

28. INDEMNIFICATION

 

28.1 Except as provided for in GT&C Section 28.3, GT&C Section 18.4.A. or expressly agreed to

otherwise in writing between the parties, each party to an executed Service Agreement shall

bear responsibility for all of its own breaches, tortious acts, or tortious omissions

connected in any way with the executed Service Agreement. In the event such breach,

tortious act, or tortious omission proximately auses damage or injuries of any kind to the

other party or to any third party, the offending party shall hold harmless and indemnify

the non-offending party against any costs, claims or damages of any kind. As used in this

Section 28, the term party shall mean a corporation or partnership entity or individual

with whom Pipeline has a contractual relationship; the phrase "costs, claims or damages of

any kind" shall include without limitation, costs, claims, damages, suits, actions,

proceedings, debts, accounts, losses, expenses, liabilities, payment of royalties, taxes,

license fees or charges, actual or punitive damages, litigation expenses, court costs,

and/or attorneys' fees; and the phrase "tortious acts or tortious omissions" shall include,

without limitation, sole or concurrent simple negligence, gross negligence, recklessness,

and intentional acts or omissions.

 

28.2 Except insofar as one customer's acts in violation of its Service Agreement or this Tariff

may result in another customer's costs, claims, or damages of any kind, neither this Tariff

nor any of the Service Agreements executed for services hereunder contemplate any third

party beneficiaries to any service, term, or condition of this Tariff or any applicable

Service Agreement.

 

28.3 Except for costs, claims or damages of any kind resulting from Pipeline's gross negligence,

undue discrimination, or willful misconduct, Pipeline shall not have liability to Customer,

and Customer shall indemnify and hold Pipeline harmless from costs, claims or damages of

any kind resulting from the following:

 

A. Customer's Tender of Gas that does not conform to the quality specifications of GT&C

Section 2;

 

B. Customer's Tender of Gas that does not meet the title requirements of GT&C Section 8;

 

C. Customer's failure to comply with a curtailment or interruption order made by Pipeline

under GT&C Section 10 or any court or agency having jurisdiction;

 

D. Customer's failure to comply with GT&C Section 12, including any failure to make

correct nominations, or to monitor scheduled quantities on Pipeline's Website;

 

E. Pipeline's reliance upon an allocation method at a Point of Receipt or Delivery such as

those described in GT&C Section 14;

 

F. Pipeline's administration of capacity releases in accordance with Customer's

instructions, as described in GT&C Section 15;

 

G. Customer's use of or failure to properly use Pipeline's Website including the E-SCRIPT

System, which Website is maintained pursuant to GT&C Section 16; or

 

H. Customer's failure to provide and keep current the contact information required by GT&C

Section 18.1.D.2.