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. 371 Original Sheet No. 371

 

ARTICLE VII

 

REPLACEMENT SHIPPER'S INDEMNIFICATION

 

Replacement Shipper recognizes that its rights to transportation service hereunder are

solely those rights released by Releasing Shippers. The Replacement Shipper agrees

that it will indemnify Transporter against any claim or suit of any kind by any Releasing

Shipper, its successor or assigns arising from any action taken by Transporter in reliance

upon the scheduling instructions, communications or nominations ("Communications"),

from Replacement Shipper or its agents. Replacement Shipper further agrees that it will

hold Transporter harmless for any action taken by Transporter in reliance upon the

Communications of the Releasing Shipper or its agents. Replacement Shipper further

recognizes and agrees that Transporter shall have no obligation to honor any

Communications from Replacement Shipper or its agents that in Transporter's sole

opinion conflicts with Communications received by Transporter from the Releasing

Shipper or its agents or with the terms of Transporter's Tariff. Additionally, Replacement

Shipper further grants to Transporter its permission and approval to notify the Releasing

Shipper (even when such Releasing Shipper is an Energy Affiliate of the Transporter) of

certain credit-related information under Section 26 of these General Terms and

Conditions.

 

 

ARTICLE VIII

 

MISCELLANEOUS PROVISIONS

 

8.1 No waiver by any Party of any one or more defaults by the other in the

performance of any provisions of this Contract shall operate or be construed as a waiver

of any future default or defaults, whether of a like or of a different character.

 

8.2 No liability for any act or omission of Transporter shall be incurred by, or asserted

against, any owners, subsidiaries or affiliates thereof. Any recourse for any liability of

Transporter shall be against Transporter only.

 

8.3 The headings of the Articles of this Contract are inserted for convenience of

reference only and shall not affect the meaning or construction thereof.

 

8.4 As to all matters of construction and interpretation, this Contract shall be

interpreted by the laws of the State of Texas, without regard to its conflict of laws or

provisions.