Dominion Cove Point LNG, LP
Original Volume No. 1
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Effective Date: 06/01/2003, Docket: RP03-341-000, Status: Effective
Original Sheet No. 36 Original Sheet No. 36 : Effective
RATE SCHEDULE LTD-1
FIRM LNG TANKER DISCHARGING SERVICE
(Continued)
6. RESPONSIBILITY, WARRANTY AND ASSIGNMENT (Continued)
6.3 Neither Operator nor Buyer shall be liable for any indirect or consequential damages
incurred by Operator or Buyer or Buyer's Agent in connection with (i) Operator's
performance or failure to perform any service available under this Tariff or (ii)
Buyer's or Buyer's Agent's performance or failure to perform any obligation under this
Tariff. Consequential damages shall include, but not be limited to, lost profits,
lost earnings, and special and punitive damages.
6.4 Buyer shall indemnify, defend and hold Operator harmless from and against any and all
losses, damages, costs, expenses, claims, suits, actions, proceedings and demurrage or
delay arising out of or related to performance or nonperformance in connection with
this Tariff by Buyer or operator of Buyer's vessel, the owners thereof or any other
third party. In no event shall Buyer indemnify Operator from losses, damages, costs,
expenses, claims, suits, actions, proceedings and demurrage or delay which are the
result of Operator's negligence, bad faith or willful misconduct.
Operator shall indemnify, defend and hold Buyer harmless from and against any and all
losses, damages, costs, expenses, claims, suits, actions, proceedings an demurrage or
delay arising out of or related to performance or nonperformance in connection with
this Tariff by Operator. In no event shall Operator indemnify Buyer from losses,
damages, costs, expenses, claims, suits, actions, proceedings, and demurrage or delay
which are the result of Buyers negligence, bad faith or willful misconduct.
6.5 Operator and Buyer each individually warrant that they shall, at the time of delivery
of LNG, vaporized LNG or Natural Gas to the other, have good title to or good right to
deliver all such LNG, vaporized LNG or Natural Gas, and that they shall deliver, or
cause to be delivered, such LNG, vaporized LNG or Natural Gas free from all liens,
encumbrances and claims whatsoever. Except as provided in Sections 6.3 and 6.4 herein,
both Operator and Buyer shall, as to the LNG, vaporized LNG or Natural Gas it delivers
or causes to be delivered to the other, indemnify and save the other harmless from all
suits, actions, debts, accounts, damages, costs, losses and expenses arising from or
out of any adverse claims or any and all persons to said LNG, vaporized LNG or Natural
Gas and to royalties, taxes, fees or charges thereon.
6.6 As to all matters within its actual or imputed control, Buyer represents and warrants
that service hereunder and all arrangements incident thereto conform to applicable
regulations, and agrees to indemnify and hold Operator harmless against any and all
actions, suits, or proceedings, concerning such service or arrangement, which are
brought before or instituted by any authority having jurisdiction, except to the
extent such action, suit or proceeding is the result of Operator's negligence, bad
faith or willful misconduct.
As to all matters within its actual or imputed control, Operator represents and
warrants that service hereunder and all arrangements incident thereto conform to
applicable regulations, and agrees to indemnify and hold Buyer harmless against any
and all actions, suits or proceedings, concerning such service or arrangement which
are brought before or instituted by any authority having jurisdiction, except to the
extent such action, suit or proceeding is the result of Buyer's negligence, bad faith
or willful misconduct.