American Midstream (Midla), LLC
Sixth Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.