Gulf Crossing Pipeline Company LLC

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP09-1008-000, Status: Suspended

Original Sheet No. 1307A Original Sheet No. 1307A

 

GENERAL TERMS AND CONDITIONS

Section 21

(Cont'd)

 

21.10 Reserved

 

21.11 Waiver of Consequential Damages

 

In no event shall either Customer or Gulf Crossing be liable to the other for and

Gulf Crossing and Customer each expressly releases the other from punitive or

exemplary, special, indirect, incidental or consequential damages (including

without limitation, loss of profit, loss of revenue), whether such damages arise

out of breach of contract, tariff or warranty, negligence, tort, strict liability,

product liability, statutory liability, indemnity, contribution or any other legal

theory; provided, however, unless otherwise agreed to by Gulf Crossing and Customer,

the foregoing shall not limit Gulf Crossing's liability, if any, to Customer, nor

Customer's liability, if any, to Gulf Crossing, for punitive or exemplary,

special, indirect, incidental or consequential damages arising out of the gross

negligence, undue discrimination, willful misconduct, or bad faith of such liable

party.