Scg Pipeline Inc.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective
Original Sheet No.238 Original Sheet No.238 : Superseded
AGENCY AUTHORIZATION AGREEMENT
(continued)
9.2 Shipper’s Agent agrees to indemnify and hold Pipeline harmless against
any and all claims, (including costs of court and reasonable attorney’s fees),
losses, liabilities, injuries or damages of any kind, including but not
limited to claims of damage to property or the environment, that are brought
by Shipper or any third party against Pipeline and that arise from actions
taken by any Party pursuant to this Exhibit A to the Agency Authorization
Agreement, except insofar as such claim, loss liability, injury or damage is
caused by Pipeline’s failure to follow properly made nominations for reason
other than those set forth in GT&Cs Section 5 of Pipeline’s Tariff; provided,
however, that such indemnification will be inapplicable in the event that
Pipeline’s action was in response to a communication from Shipper’s Agent
based on incorrect information supplied by Pipeline. For purposes hereof,
nominations shall be considered “properly made” only when they are made in
full compliance with Pipeline’s Tariff and the Underlying Agreement(s). The
foregoing notwithstanding, if Agent has relied on information provided by
Pipeline and such information results in damages resulting from Pipeline’s
reliance on subsequent instructions from the Agent, Agent shall not be
required to indemnify Pipeline for such damages.