American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 132 Original Sheet No. 132

 

Gas diverted or through a cash payment in an amount equal to the transportation rate

which would have been applicable to the Customer whose Gas was diverted; provided,

however, such compensation for Gas diversions under this Paragraph 6.4(c) shall not

prohibit such Customer whose Gas was diverted from seeking to recover damages,

losses, or expenses from the Customer requesting emergency relief in a claim, suit,

action or proceeding initiated as a result of any Gas diversion. To the extent a Customer

whose Gas was diverted desires to be compensated by a cash payment for diversions,

such Customer must enter into agreements with other Customers for such cash payment

compensation. Pipeline shall not be responsible for compensating Customer for Gas

diversions which occur pursuant to Paragraph 6.4, except in situations where Pipeline

was grossly negligent or acted in an unduly discriminatory manner.

 

(d) Customers whose requests for emergency relief resulted in a diversion shall

indemnify and hold Pipeline harmless from and against any and all losses, damages,

expenses of every kind and character which Pipeline or Customers may suffer, sustain,

or be liable for and shall hold Pipeline harmless from and against any and all damages,

claims, suits, actions, or proceedings whatsoever threatened or initiated as a result of any

Gas diversion.

 

6.5 The Customer seeking waiver shall indemnify and hold Pipeline harmless from and

against any and all losses, damages, or expenses of every kind and character which

Pipeline or Customer may suffer, sustain, or be liable for and shall hold Pipeline harmless

from and against any and all damages, claims, suits, actions, or proceedings whatsoever

threatened or initiated as a result of any supply or capacity curtailment invoked by

Pipeline, and shall be responsible for replacing another Customer's Gas or compensating

such Customer pursuant to Paragraph 6.4(c) of Pipeline's General Terms and

Conditions.