Gulfstream Natural Gas System, L.L.C.

Original Volume No. 1

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Effective Date: 05/21/2002, Docket: CP00- 6-004, Status: Effective

Original Sheet No. 206 Original Sheet No. 206 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

 

35. 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.