High Island Offshore System, L.L.C.
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/01/2000, Docket: RP00-439-000, Status: Effective
Original Sheet No. 214 Original Sheet No. 214 : Effective
SYSTEM LICENSE AGREEMENT (continued)
3.2 With respect to requests for new transportation service, Subscriber, at the time
that it executes on-line its request in accord with Section 3.1 above, agrees to
be bound by the terms and conditions of the pro-forma service agreement contained
in Pipeline's FERC Gas Tariff which corresponds to the Rate Schedule under which
the Subscriber is seeking service, as modified to incorporate the terms of the
service request.
3.3 With respect to requests for modifications to meters in an existing service
agreement between Subscriber and Pipeline, the Subscriber agrees to be bound by
the terms and conditions of the pro forma contract amendment contained in
Pipeline's FERC Gas Tariff, as modified to incorporate the meter modifications
executed on-line by Subscriber.
ARTICLE IV - RELEASE AND DISCLAIMER OF LIABILITY/INDEMNIFICATION
4.1 Except for the negligence, bad faith, fraud or willful misconduct of Pipeline,
Pipeline expressly disclaims any and all liability for loss or damage to
Subscriber or to any third parties associated with Subscriber's use of the System,
including but not limited to any loss or damage resulting from any one or more of
the following: (1) Subscriber's negligent or otherwise improper use of the
System; (2) any unauthorized use of the System, whether by Subscriber,
Subscriber's employees or former employees, or by any other persons; (3) any acts
of God or force majeure, as defined in Article X of Transporter's General Terms
and Conditions, and also including electrical shortage and/or power outages; (4)
any defects in computer hardware; (5) any interruption in or malfunction of
electronic communication or transmission not within the Pipeline's control. Such
causes or contingencies affecting the performance of this Agreement shall not
relieve Pipeline of liability in the event (a) it fails to use due diligence to
remedy the situation and remove the causes or contingencies affecting performance
of this Agreement or (b) it fails to give Subscriber notice and full particulars
of the same in writing or by telegraph or facsimile as soon as possible after the
event or situation arises.
4.2 Subscriber agrees to protect, defend, indemnify, and hold harmless Pipeline
against any and all loss, costs, damages, and expenses of any nature whatsoever
(including court costs and reasonable attorney's fees), resulting from or
otherwise related to any claim, demand, or action asserted against Pipeline,
arising from or connected with Subscriber's use of the System except for the
negligence, bad faith, fraud or willful misconduct of Pipeline.