Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 05/01/2000, Docket: RP00- 229-000, Status: Effective

Third Revised Sheet No. 649 Third Revised Sheet No. 649 : Effective

Superseding: Second Revised Sheet No. 649

 

 

SYSTEM LICENSE AGREEMENT (continued)

 

 

3.3 With respect to requests for modifications to meters in an existing service

agreement between Subscriber and Pipeline, the Subscriber agrees to be bound by the

terms and conditions of the pro forma contract amendment contained in Pipeline's

FERC Gas Tariff, as modified to incorporate the meter modifications executed on-

line by Subscriber.

 

 

ARTICLE IV - RELEASE AND DISCLAIMER OF LIABILITY/INDEMNIFICATION

 

4.1 Except for the negligence, bad faith, fraud or willful misconduct of Pipeline,

Pipeline expressly disclaims any and all liability for loss or damage to Subscriber

or to any third parties associated with Subscriber's use of the System, including

but not limited to any loss or damage resulting from any one or more of the

following: (1) Subscriber's negligent or otherwise improper use of the System; (2)

any unauthorized use of the System, whether by Subscriber, Subscriber's employees

or former employees, or by any other persons; (3) any acts of God or force majeure,

as defined in Article X of Transporter's General Terms and Conditions, and also

including electrical shortage and/or power outages; (4) any defects in computer

hardware; (5) any interruption in or malfunction of electronic communication or

transmission not within the Pipeline's control. Such causes or contingencies

affecting the performance of this Agreement shall not relieve Pipeline of liability

in the event (a) it fails to use due diligence to remedy the situation and remove

the causes or contingencies affecting performance of this Agreement or (b) it fails

to give Subscriber notice and full particulars of the same in writing or by

telegraph or facsimile as soon as possible after the event or situation arises.