Tuscarora Gas Transmission Company

Original Volume No. 1

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Effective Date: 12/01/1995, Docket: CP93-685-003, Status: Effective

Original Sheet No. 76 Original Sheet No. 76 : Effective

 

 

GENERAL TERMS AND CONDITIONS

 

 

(f) Except as expressly set forth in Section 26.7(a), each Releasing

Shipper agrees to protect and indemnify Transporter against, and to

release and hold Transporter harmless against, any loss, liability or

expense (including, without limitation, court costs and attorneys' fees)

incurred or suffered by Transporter or such Releasing Shipper arising out

of or in connection with the provisions of this Section 26 (including,

without limitation, Transporter's performance or failure of performance

of any of its obligations under this Section 26).

 

(g) Without in any way limiting the other provisions of this Section 26,

each Approved Bidder, by delivery of a bid to Transporter, shall be

deemed to have agreed:

 

(i) to the provisions of (d) and (e) above;

 

(ii) to protect and indemnify Transporter against, and to release and

hold Transporter harmless against, any loss, liability or expense

(including, without limitation, court costs and attorneys' fees)

incurred or suffered by Transporter or such Approved Bidder arising

out of or in connection with the provisions of this Section 26

(including, without limitation, Transporter's performance or failure

of performance of any of its obligations under this Section 26); and

 

(iii) that Transporter shall have disclaimed all express and implied

representations and warrants concerning the released rights acquired

by the bidder, the New Transportation Service Agreement and the

related Release.

 

(h) Any Releasing Shipper retaining agency authority as a condition to a

release shall indemnify Transporter and hold it harmless for any

liability or costs Transporter incurs as a result of its reliance on such

agency authority, and the Replacement Shipper for whom the Releasing

Shipper acts as agent shall release Transporter and hold it harmless for

such reliance.

 

(i) Notwithstanding the other provisions of this Section 26.7,

Transporter is not absolved from liability arising as a result of

negligence on the part of Transporter.