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Original Sheet No.238 Original Sheet No.238 : Superseded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.