Trunkline LNG Company, LLC
Second Revised Volume No. 1-A
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Effective Date: 08/01/2009, Docket: RP09-799-000, Status: Effective
First Revised Sheet No. 120 First Revised Sheet No. 120
Superseding: Original Sheet No. 120
GENERAL TERMS AND CONDITIONS
(Continued)
16. RESPONSIBILITY, WARRANTY AND ASSIGNMENTS (Continued)
16.5 Shipper shall be responsible for all port or wharfage
fees, pilotage fees, agent fees, taxes, levies or other
charges imposed on Shipper's Vessels, Shipper's Trucks, or
the LNG Shipper delivers to the Terminal. The term "fees"
as used herein, shall mean any fee or charge now or
hereafter levied, assessed or made by any governmental
authority on the LNG or Regasified LNG itself or on the
act, right or privilege of importing, producing,
transporting, handling, selling, receiving or delivering
LNG or Regasified LNG, however such fees or charges are
measured.
16.6 TLNG shall not be liable for any indirect or consequential
damages incurred by Shippers in connection with TLNG's
performance or failure to perform any service available
under this Tariff. Consequential damages shall include,
but not be limited to, lost profits, lost earnings,
special and punitive damages, and loss of production.
16.7 Shipper shall indemnify, defend and hold TLNG harmless
from and against any and all losses, damages, costs,
expenses, claims, suits, actions, proceedings and
demurrage or delay arising out of or related to
performance or nonperformance in connection with this
Tariff by Shipper or Shipper's Vessel, Shipper's Truck or
the owners thereof except to the extent that such losses,
damages, costs, expenses, claims, suits, actions,
proceedings and demurrage or delay are the result of
TLNG's negligence, gross negligence, bad faith or willful
misconduct.