Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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Effective Date: 03/01/2010, Docket: RP09-1010-000, Status: Suspended

Original Sheet No. 4022 Original Sheet No. 4022

GENERAL TERMS AND CONDITIONS

Section 35

(Cont'd)

35.4 Reserved

35.5 Waiver of Consequential Damages

In no event shall either Customer or Gulf South be liable to the

other for and Gulf South and Customer each expressly releases the

other from punitive or exemplary, special, indirect, incidental

or consequential damages (including without limitation, loss of

profit, loss of revenue), whether such damages arise out of

breach of contract, tariff or warranty, negligence, tort, strict

liability, product liability, statutory liability, indemnity,

contribution or any other legal theory; provided, however, unless

otherwise agreed to by Gulf South and Customer, the foregoing

shall not limit Gulf South's liability, if any, to Customer, nor

Customer's liability, if any, to Gulf South, for punitive or

exemplary, special, indirect, incidental or consequential damages

arising out of the gross negligence, undue discrimination,

willful misconduct, or bad faith of such liable party.