Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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Effective Date: 03/01/2010, Docket: RP09-1010-001, Status: Effective

Substitute Original Sheet No. 4022 Substitute Original Sheet No. 4022

GENERAL TERMS AND CONDITIONS

Section 35

(Cont'd)

35.4 Reserved

35.5 Waiver of Consequential Damages

Gulf South's and Customer's liability for a claim hereunder

shall be limited solely to direct damages, as defined by

applicable law, whether such claim arises out of breach of

contract, tariff or warranty, negligence, tort, strict

liability, product liability, statutory or regulatory liability,

indemnity, contribution or any other legal theory; provided that

such liability may include direct, consequential and any other

type of damages available under applicable law, to the extent

the claim is attributable to the gross negligence, willful

misconduct or bad faith of such liable party.