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.