Trunkline LNG Company, LLC

Second Revised Volume No. 1-A

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Effective Date: 10/01/2007, Docket: RP07-685-000, Status: Effective

Second Revised Sheet No. 173 Second Revised Sheet No. 173 : Effective

Superseding: First Revised Sheet No. 173

 

FORM OF AGREEMENT (Continued)

FOR MESSENGER

 

 

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.

 

Other Terms and Conditions

 

Use of the Messenger system is expressly subject to all of the

General Terms and Conditions, as well as all of the terms and

conditions of any Rate Schedule and Service Agreement which may be

applicable to any transaction performed by Messenger Subscriber and

Pipeline by means of the Messenger system, all of which are set

forth in Pipeline's currently effective FERC Gas Tariff as amended

from time to time and are hereby incorporated by reference. In the

event of a conflict between the terms and conditions of this agreement

and any other applicable terms and conditions set forth in Pipeline's

currently effective FERC Gas Tariff which are incorporated by

reference herein, such other terms and conditions shall govern

Messenger Subscriber's use of the Messenger system unless otherwise

specifically provided herein.