Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/2005, Docket: RP05-391-000, Status: Effective

Third Revised Sheet No. 191 Third Revised Sheet No. 191 : Effective

Superseding: Second Revised Sheet No. 191

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

21. CAPACITY RELEASE (Continued)

 

provision of the Service Agreement, Rate Schedule or

General Terms and Conditions. Such Offer shall be

rejected in its entirety unless Shipper, pursuant to

Section 21.2(a)(14), permits a partial rejection.

Transporter shall provide notification to Shipper,

through the Web Site, of the reason(s) for rejecting a

release notice with the notice of rejection.

 

(b) Transporter shall not have any liability to any

Shipper, Releasing Shipper, Replacement Shipper,

bidder or any other party as a result of Transporter's

performance of its obligations under its capacity

release program, and such Shippers, Releasing

Shippers, Replacement Shippers, and bidders shall

indemnify Transporter from and against any and all

losses, damages, expenses, claims, suits, actions and

proceedings whatsoever threatened, incurred or

initiated as a result of Transporter's performance

hereunder, except to the extent such loss, damage,

expense, claim, suit, action or proceeding is the

result of Transporter's gross negligence, undue

discrimination or willful misconduct, provided that

Transporter shall be responsible for direct damages,

if any, resulting from Transporter's own negligence.

 

(c) Transporter shall not award capacity release offers to

Replacement Shipper until and unless Replacement

Shipper meets Transporter's creditworthiness

requirements applicable to all services that it

receives from Transporter, including the service

represented by the capacity release. [5.3.59/v1.7]