Southwest Gas Storage Company

First Revised Volume No. 1

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Effective Date: 10/01/2007, Docket: RP07-684-000, Status: Effective

Second Revised Sheet No. 215 Second Revised Sheet No. 215 : Effective

Superseding: First Revised Sheet No. 215

 

FORM OF AGREEMENT

FOR MESSENGER

(Continued)

 

 

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 the

Messenger Subscriber and shall not extend to consequential, indirect or

punitive damages incurred by the 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 harmless Pipeline 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.