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.