Panhandle Eastern Pipe Line Company, LP
THIRD REVISED VOLUME NO. 1
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Effective Date: 10/01/2007, Docket: RP07-682-000, Status: Effective
First Revised Sheet No. 632 First Revised Sheet No. 632 : Effective
Superseding: Original Sheet No. 632
FORM OF AGREEMENT (Continued)
FOR MESSENGER
Release and Disclaimer of Liability: Indemnification
Pipeline expressly disclaims any and all liability for damages
to Messenger Subscriber, except for damages directly attributable
to the negligence, bad faith, fraud or willful misconduct of
Pipeline, or to any third parties associated with Messenger
Subscriber's use of the Messenger system arising out of or in any
manner related to use by Messenger Subscriber or Pipeline of the
Messenger system, including but not limited to any damages resulting
from any one or more of the following: (1) any acts of God or force
majeure, including but not limited to sabotage, war, riot, lightning,
vermin, fire, floods, electrical storms and/or power outages, or any
other natural or public calamity; (2) any defects in computer
software or hardware or defective programming; (3) any interruption
in or malfunction of electronic communication or transmission; or (4)
any improper or erroneous service which may occur as a result of use
of the Messenger system. Pipeline's liability, if any, shall be
limited to direct damages only incurred by Messenger Subscriber and
shall not extend to consequential, indirect or punitive damages
incurred by Messenger Subscriber or any damages, of any nature
whatsoever incurred by third parties.
PIPELINE HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES
OF ANY NATURE WHATSOEVER IN CONNECTION WITH MESSENGER SUBSCRIBER'S
USE OF THE MESSENGER SYSTEM, INCLUDING BUT NOT LIMITED TO ANY AND
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE.
Messenger Subscriber agrees to protect, defend, indemnify,
and hold Pipeline harmless against any and all loss, costs, damages,
and expenses of any nature whatsoever (including court costs and
reasonable attorney's fees), resulting from or otherwise related to
any claim, demand, or action asserted against Pipeline, arising from
or in any manner directly or indirectly connected with Messenger
Subscriber's use of the Messenger system except for the negligence,
bad faith, fraud or willful misconduct of Pipeline.