Caprock Pipeline Company

First Revised Volume No. 1

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Effective Date: 01/01/1993, Docket: RS92- 58-001, Status: Effective

Original Sheet No. 19 Original Sheet No. 19 : Effective

 

9.2 No waiver by Caprock or Shipper of any default of the

other under the Agreement shall operate as a waiver of any future

default, whether of a like or different character.

9.3 As between the parties hereto, Shipper shall be in

control and in possession of the gas prior to such gas being

delivered hereunder to Caprock and responsible for any damages,

losses or injuries caused thereby until the same shall have been

delivered to Caprock at the Delivery Points, except for injuries

and damages which shall be occasioned solely and proximately by the

negligent act or omission of Caprock. After delivery of said gas by

Shipper or its designee, Caprock shall thereafter be deemed in

exclusive control and possession of such gas until redelivery

thereof at the Redelivery Points and responsible for any injuries or

damages caused thereby, except injuries and damages which shall be

occasioned solely and proximately by the negligence, act or omission

of Shipper or its designee.

9.4 Each party to the executed Agreement shall bear

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

tortious omissions connected in any way with the executed Agreement

causing damages or injuries of any kind to the other party or to any

third party, unless otherwise expressly agreed in writing between

the parties. Therefore, the offending party as a result of such

offense shall hold harmless and indemnify the non-offending party

against any claim, liability, loss, or damage whatsoever suffered by

the non-offending party or by any third party. As used herein: the

term "party" shall mean a corporation or partnership entity or

individual and its officers, agents, employees and contractors; the

phrase "damages or injuries of any kind" shall include without

limitation litigation expenses, court costs, and 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.

9.5 As between Caprock and Shipper, Caprock shall have no

obligation whatsoever to odorize the gas delivered, nor to maintain

any odorant levels in such gas. Notwithstanding Section 9.4 herein,

Shipper agrees to indemnify and hold harmless Caprock, its officers,

agents, employees and contractors against any liability, loss or

damage, including litigation expenses, court costs and attorney's

fees, whether or not such liability, loss or damage arises out of

any demand, claim, action, cause of action, and/or suit brought by

Shipper or by any person, association or entity, public or private,

that is not a party to the executed Agreement, where such liability,

loss or damage is suffered by Caprock, its officers, agents,

employees and/or contractors as a direct or indirect result of any

actual or alleged sole or concurrent negligent failure by Caprock or

any actual or alleged act or omission of any nature by Shipper to

odorize the gas or product delivered under the executed Agreement or

to maintain any odorant levels in such gas.