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.