Mojave Pipeline Company

Second Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

First Revised Sheet No. 259 First Revised Sheet No. 259

Superseding: Original Sheet No. 259

 

GENERAL TERMS AND CONDITIONS

(Continued)

25. Indemnification/Liability

25.1 Each party to an executed Service Agreement or Replacement

Service Agreement shall bear responsibility for all of its own

breaches, tortious acts, or tortious omissions connected in any

way with the executed Service Agreement or Replacement Service

Agreement causing damages or injuries of any kind to the other

party or to any third party, unless otherwise expressly agreed in

writing between the parties. Therefore, the offending party as a

result of such offense shall hold harmless and indemnify the non-

offending party against any claim, liability, loss, or damage

whatsoever suffered by the non-offending party or by any third

party. As used herein: the term "party" shall mean a

corporation or partnership entity or individual and its officers,

agents, employees and contractors; the phrase "damages or

injuries of any kind" shall include without limitation,

litigation expenses, court costs, and attorneys' fees, and the

phrase "tortious acts or tortious omissions" shall include

without limitation, sole or concurrent simple negligence,

recklessness, and intentional acts or omissions.

 

26. Complaint Procedures

26.1 The procedures used to address and resolve complaints by Shippers

and potential Shippers are as follows:

(a) Written complaints by any Shipper or potential Shipper,

clearly stating the issue(s), facts relied on by Shipper,

and the Shipper's position, should be mailed by certified

mail or delivered by courier to:

Mojave Pipeline Company

Post Office Box 1087

Colorado Springs, Colorado 80944

Attention: Director

Transportation Marketing Department

(Street Address: 2 North Nevada, Colorado Springs,

Colorado 80903)

(b) Upon receipt by Transporter, a complaint will be date

stamped and recorded in the Transportation Service Complaint

Log maintained by Transporter.

(c) Transporter will respond initially to all complaints by the

most appropriate communication means available within 48

hours of receipt and will respond to all complaints filed

with Transporter in writing within 30 days. Transporter's

written response will be mailed by certified mail or

delivered by courier to Complainant and filed in the

Transportation Service Complaint Log. The final resolution

of the complaint will be dependent upon the nature of the

complaint and the time necessary to investigate the

complaint, verify the underlying cause(s) and determine the

relevant facts.