Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 152 Original Sheet No. 152

GENERAL TERMS AND CONDITIONS

8. LIABILITY IN DAMAGES

Except as otherwise provided in these General Terms and Conditions or

Shipper's service agreement, in no event shall Shipper or Transporter

be liable to the other for special, indirect, consequential (including

loss of profits), incidental or punitive damages, whether or not such

damages arise out of breach of contract, negligence, tort, or strict

liability; provided, however, unless otherwise agreed to by

Transporter and Shipper, the foregoing shall not limit Transporter's

liability, if any, to Shipper, nor Shipper's liability, if any, to

Transporter, arising out of gross negligence, willful misconduct, or

bad faith actions. Nothing in this provision will limit Transporter's

liability, if any, to Shipper, nor Shipper's liability, if any, to

Transporter, for direct damages.