Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 02/26/2009, Docket: RP09-266-000, Status: Effective

First Revised Sheet No. 246 First Revised Sheet No. 246

Superseding: Original Sheet No. 246

GENERAL TERMS AND CONDITIONS

28. OPERATOR (Contd.)

28.2 WAIVER AND INDEMNIFICATION (Contd.)

B. In the absence of negligence, or misfeasance on the part of

Transporter, each Shipper waives any and all claims and

demands against Transporter arising out of or in any way

connected with: (1) the quality, use or condition of the

Gas after delivery from Transporter for the account of such

Shipper; (2) any losses or shrinkage of Gas during and

resulting from transportation hereunder; and (3) all other

claims, damages and demands arising out of the conduct of

Operator, its officers, employees or Agents hereunder.

C. Except in the case of negligence, recklessness or

misfeasance on the part of Operator, its officers, employees

or Agents, each Shipper shall indemnify and save harmless

Operator, its officers, employees or Agents from any claim,

demand or expense for loss, damage or injury to property or

to persons who are not Shippers of Gas in the System which

arises out of or is connected with the conduct of Operator,

its officers, employees or Agents hereunder in transporting

Gas for any Shipper.

29. OPERATING CONDITIONS

29.1 PERSONNEL AND FACILITIES

A. Personnel of Kinder Morgan NatGas Operator LLC operate

Rockies Express Pipeline LLC.