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]