Carolina Gas Transmission Corporation

Original Volume No. 1

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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 442 Original Sheet No. 442 : Effective

 

ARTICLE V

LIMITATIONS ON LIABILITY

 

5.1 Replacement Shipper acknowledges and agrees that: (a) Replacement Shipper

shall have no recourse against Pipeline’s parent or other affiliates with

respect to Pipeline’s obligations under this Umbrella Service Agreement

and that its sole recourse shall be against the assets and revenues of

Pipeline, irrespective of any failure to comply with applicable law or

any provision of this Umbrella Service Agreement; (b) no claim shall be

made against Pipeline’s parent or other affiliates under or in connection

with this Umbrella Service Agreement; and (c) this representation is made

expressly for the benefit of Pipeline’s parent and other affiliates.

 

5.2 The parties hereto agree that neither party shall be liable to the other

party for any special, indirect, punitive, or consequential damages

(including, without limitation, loss of profits or business

interruptions) arising out of or in any manner related to this

Umbrella Service Agreement.

 

 

ARTICLE VI

GOVERNING LAW

 

6.1 The parties hereto agree that interpretation and performance of this

Umbrella Service Agreement are governed by the laws of the State of South

Carolina without recourse to South Carolina law governing conflict of

laws.

 

6.2 This Umbrella Service Agreement and obligations of the parties are

subject to all present and future valid laws, state and federal, with

respect to the subject matter, and to all valid present and future

orders, rules, and regulations of duly constituted authorities having

jurisdiction.