Gulf States Transmission Corporation

Original Volume No. 1

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Effective Date: 01/31/2006, Docket: RP06-138-001, Status: Effective

Second Revised Sheet No. 81 Second Revised Sheet No. 81 : Effective

Superseding: First Revised Sheet No. 81

 

SYSTEM LICENSE AGREEMENT (continued)

 

ARTICLE III - RELEASE AND DISCLAIMER OF

LIABILITY/INDEMNIFICATION

 

3.1 Except for the negligence, bad faith, fraud or willful

misconduct of Pipeline, Pipeline expressly disclaims

any and all liability for loss or damage to Subscriber

or to any third parties associated with Subscriber's

use of the System, including but not limited to any

loss or damage resulting from any one or more of the

following: (1) Subscriber's errors or improper use of

the System; (2) any unauthorized use of the System,

whether by Subscriber, Subscriber's employees or former

employees, or by any other persons; (3) any acts of God

or force majeure, as defined in Article X of

Transporter's General Terms and Conditions, and also

including electrical shortage and/or power outages; (4)

any defects in computer hardware or software; (5) any

interruption in or malfunction of electronic

communication or transmission whether or not within the

Pipeline's control. Such causes or contingencies

affecting the performance of this Agreement shall not

relieve Pipeline of liability in the event (a) it fails

to use due diligence to remedy situations reasonably

within its control and remove the causes or

contingencies reasonably within its control that affect

performance of this Agreement or (b) it fails to give

Subscriber notice and full particulars of same in

writing or by e-mail or facsimile as soon as possible

after the event or situation arises.

 

3.2 Subscriber agrees to protect, defend, indemnify, and

hold harmless Pipeline against any and all loss, costs,

damages, and expenses of any nature whatsoever

(including court costs and reasonable attorney's fees),

resulting from or otherwise related to any claim,

demand, or action asserted against Pipeline, arising

from or connected with Subscriber's use, including

unauthorized or improper use, of the System except for

the negligence, bad faith, fraud or willful misconduct

of Pipeline.

 

3.3 Pipeline may temporarily suspend Subscriber’s access to

the System at any time, with or without cause, without

notice and without liability to Subscriber, and gas

transactions made prior to such suspension shall remain

effective. In the event of suspension of Subscriber’s

access to the System, nominations shall be communicated

via facsimile or such other method as directed by

Pipeline.

 

3.4 Access to the System is provided “AS IS” without any

warranty of any kind. Pipeline expressly disclaims any and

all warranties, express, implied or statutory, including

warranties of merchantability or fitness for a particular

purpose that are related to the use of the System.