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.