Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 346 Original Sheet No. 346

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

34. LIMITATION OF LIABILITY OF MEMBERS AND OPERATOR

 

Shipper acknowledges and agrees that (a) Transporter is a Delaware

limited liability company; (b) Shipper shall have no recourse against

any member of Transporter with respect to Transporter's obligations

under any Agreement and its sole recourse shall be against the assets

of Transporter, irrespective of any failure to comply with applicable

law or any provision of any Agreement; (c) no claim shall be made

against the company operating the business and physical operations of

Transporter or its members or the officers, employees, and agents of

operator or its members (collectively "Operator"), under or in

connection with any Agreement and the performance by Operator of its

duties as Operator (provided that this provision shall not bar claims

resulting from the gross negligence or willful misconduct of the

Operator) and Shipper shall provide the Operator with a waiver of

subrogation of Shipper's insurance company for all such claims; and (e)

this representation is made expressly for the benefit of the members in

Transporter and the Operator.