Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 03/01/2010, Docket: RP09-1009-000, Status: Suspended

Original Sheet No. 3799A Original Sheet No. 3799A

 

GENERAL TERMS AND CONDITIONS

Section 25

(Cont'd)

 

25.11 Reserved

 

25.12 Waiver of Consequential Damages

 

In no event shall either Customer or Texas Gas be liable to the other for and Texas

Gas and Customer each expressly releases the other from punitive or exemplary,

special, indirect, incidental or consequential damages (including without

limitation, loss of profit, loss of revenue), whether such damages arise out of

breach of contract, tariff or warranty, negligence, tort, strict liability, product

liability, statutory liability, indemnity, contribution or any other legal theory;

provided, however, unless otherwise agreed to by Texas Gas and Customer, the

foregoing shall not limit Texas Gas' liability, if any, to Customer, nor Customer's

liability, if any, to Texas Gas, for punitive or exemplary, special, indirect,

incidental or consequential damages arising out of the gross negligence, undue

discrimination, willful misconduct, or bad faith of such liable party.