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.