Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 04/18/2002, Docket: CP00-129-001, Status: Effective

Original Sheet No. 218 Original Sheet No. 218 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

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28. OPERATOR

 

28.1 DESIGNATION OF OPERATOR

 

Horizon has designated Natural Gas Pipeline Company of

America to be Operator of the System to perform all of Horizon's

obligations hereunder. Horizon reserves the right to change the

designation of the Operator.

 

28.2 WAIVER AND INDEMNIFICATION

 

(a) In the absence of gross negligence, recklessness

or willful misconduct on the part of Operator, its officers,

employees or agents, each Shipper waives any and all claims and

demands against Operator, its officers, employees or agents,

arising out of or in any way connected with: (1) the quality, use

or condition of the gas after delivery from the System for the

account of such Shipper; (2) any losses or shrinkage of gas during

and resulting from transportation hereunder; and (3) all other

claims and demands arising out of the performance of the duties of

Operator, its officers, employees or agents hereunder.

 

(b) In the absence of gross negligence, recklessness

or willful misconduct on the part of Horizon, each Shipper waives

any and all claims and demands against Horizon arising out of or

in any way connected with: (1) the quality, use or condition of

the gas after delivery from Horizon for the account of such

Shipper; (2) any losses or shrinkage of gas during and resulting

from transportation hereunder; and (3) all other claims and

demands arising out of Horizon's performance of its duties

hereunder.

 

(c) Except in the case of gross negligence,

recklessness or willful misconduct on the part of Operator, its

officers, employees or agents, each Shipper shall indemnify and

save harmless Operator, its officers, employees or agents from any

claim, demand or expense for loss, damage or injury to property or

to persons who are not Shippers of gas in the System which arises

out of or is connected with the performance of the duties of

Operator, its officers, employees or agents hereunder in

transporting gas for any Shipper.