Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: CP97-300-002, Status: Effective

Original Sheet No. 176 Original Sheet No. 176 : Effective

deliveries and services. In such event and in

addition to other provisions hereof and not in lieu

of any other remedies available in law or at equity,

Transporter will, except to the extent Transporter's

inability to provide such deliveries and services

arose from the Transporter's sole, joint, or

concurrent negligence, or gross negligence, or undue

discrimination, or intentional or willful

misconduct, have no liability or responsibility for

its inability to provide deliveries and services and

Shipper to the extent Shipper's failure to comply

with Transporter's FERC Gas Tariff and in particular

the provisions of this Section 15 resulted in the

inability of Transporter to provide deliveries and

services shall indemnify and hold Transporter

harmless from any claims brought by a third party

against Transporter arising from such failure,

except that Shipper shall not be responsible for any

incidental, consequential, punitive or special

damages, including lost profits resulting therefrom.