Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 292 Original Sheet No. 292

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

36. LIMITATION OF LIABILITY OF PARTNERS AND OPERATOR

 

Steckman Ridge is a Delaware limited partnership. Customer shall have

no recourse against any partner of Steckman Ridge with respect to

Steckman Ridge's obligations under any Service Agreement and Customer's

sole recourse shall be against the assets of Steckman Ridge,

irrespective of any failure to comply with applicable law or any

provision of any Service Agreement. Customer shall have no claim

against any partner of Steckman Ridge under or in connection with any

Service Agreement. Customer shall have no claim against the company

operating the business and physical operations of Steckman Ridge or its

partners or the officers, employees, and agents of Steckman Ridge or

its operator or its partners (collectively "Operator"), under or in

connection with any Service Agreement and the performance by Operator

of its duties as Operator (provided that this provision shall not bar

claims resulting from the gross negligence or willful misconduct of the

Operator). Customer shall provide the Operator with a waiver of

subrogation of Customer's insurance company for all such claims. The

limitation of liability set forth in this section is made expressly for

the benefit of the partners of Steckman Ridge and the Operator.