Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 09/08/2004, Docket: RP04-451-000, Status: Effective

First Revised Sheet No. 244 First Revised Sheet No. 244 : Effective

Superseding: Original Sheet No. 244

 

GENERAL TERMS AND CONDITIONS

 

 

8. INDEMNITY

 

Company and Shipper shall each indemnify and save harmless the

other from all liability, damages, costs, losses and charges of

every character resulting from or arising out of any claim made

against such other by any Person for injury or death to Persons, or

damage to property, in any way connected with the property and

equipment of the indemnitor or the presence of gas deemed hereby to

be the responsibility of the indemnitor, unless such injury, death

or damage is caused by the negligence of the indemnitee or any

Person for whose actions the indemnitee is responsible in law;

provided that neither Company nor Shipper shall be liable to

indemnify the other unless the Person requesting indemnification

shall have promptly notified the other in writing of any claim,

suit or action for or in respect of which indemnification is to be

claimed. The Person receiving such notification shall be entitled

to participate in any such suit or action, and, to the extent that

it may wish, assume the defense thereof with counsel who shall be

to the reasonable satisfaction of the Person requesting

indemnification, and after notice from the indemnitor to the

indemnitee of its election so to assume the defense thereof, the

indemnitor will not be liable to the indemnitee for any legal or

other expenses incurred by the indemnitee in connection with the

defense thereof. An indemnitor shall not be liable to indemnify an

indemnitee on account of any settlement of any claim, suit or

action effected without the consent of such indemnitor. Claims

made under this Section 8 with respect to injury or death to

Persons or damage to property occurring during the term of a

Shipper's Agreement shall survive the termination thereof.

 

9. LIABILITY FOR NON-PERFORMANCE

 

9.1 Limitation of Liability

 

Company shall have no liability in damages to Shipper in

respect of failure for any reason whatsoever to accept

receipt of, receive or deliver gas pursuant to the

provisions of Shipper's Agreement and Shipper shall,

notwithstanding any failure, for any reason whatever, to

accept receipt of, receive or deliver gas, make payment to

Company in the amounts, in the manner and at the times

provided in Shipper's Agreement.