Second Revised Volume No. 1
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Effective Date: 06/13/2008, Docket: RP08-376-000, Status: Effective
Original Sheet No. 81 Original Sheet No. 81 TRANSPORTATION GENERAL TERMS AND CONDITIONS (Continued)13. ODORIZATION 1. As between MIGC and Shipper, MIGC shall have no obligationwhatsoever to odorize the natural gas delivered, nor to maintain any odorantlevels in such natural gas. Notwithstanding anything to the contrary in theexecuted Transportation Service Agreement, Shipper agrees to indemnify and holdharmless MIGC, its officers, agents, employees and contractors against anyliability, loss or damage, including costs and attorneys' fees, whether or notsuch liability, loss or damage arises out of any demand, claim, action, causeof action, and /or suit brought by Shipper or by any person, association orentity, public or private, that is not a party to the executed TransportationService Agreement, where such liability, loss or damage is suffered by MIGC,its officers, agents, employees and/or contractors as a direct or indirectresult of any actual or alleged failure by Shipper, MIGC and /or any otherperson, association, or entity, public or private, to odorize the natural gasor product delivered or to maintain any odorant levels in such natural gas orproduct.14. WAIVERS AND NON-WAIVER OR FUTURE DEFAULT 1. MIGC shall have the right to waive any one or more specificdefaults by any Shipper of any provision of the applicable rate schedule orTransportation Service Agreement; provided, however, that no such waiver shalloperate or be construed as a waiver of any other existing or future default ordefaults, whether of a like or different character. In no event will waiversbe granted or denied in an unduly discriminatory manner. 2. MIGC may, in exercise of its reasonable discretion, and on a notunduly discriminatory basis, waive any of its rights under this Tariff or anyobligations of Shippers under this Tariff. MIGC shall not be obligated tofile notice with, or seek approval from, the Commission for any such waiverthat is uniformly applicable to all MIGC's affected customers. No waiver shalloperate or be construed as a waiver of future rights or obligations, whetherof a like or different character.