Caledonia Gas And Storage

Original Volume No. 1

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Effective Date: 06/07/2007, Docket: RP07-444-000, Status: Effective

First Revised Sheet No. 70 First Revised Sheet No. 70 : Effective

Superseding: Original Sheet No. 70

25. NON-WAIVER OF FUTURE DEFAULT

 

Caledonia may waive any of its rights hereunder or any obligations

of Customer on a basis which is not unduly discriminatory; provided that

no waiver by either Customer or Caledonia of any one or more defaults by

the other in performance of any of the provisions of the Agreement shall

operate or be construed as a waiver of any other existing or future default

or defaults, whether of a like or of a different character.

 

26. DISPUTE RESOLUTION PROCEDURES

 

Any Customer or Potential Customer may make a written complaint to

Caledonia regarding any dispute between Customer and Caledonia arising

under this tariff. Such notice shall be addressed to the person and

address identified within Section 18 (NOTICES) of the General Terms and

Condition of this Tariff. Customer must specify a reason for the dispute.

Within two (2) business days of receiving a complaint, Caledonia shall

provide an initial response to complainant, acknowledging receipt of the

complaint and requesting further information as appropriate. Within 30

days after receipt of Customer’s complaint, Caledonia shall review the

complaint and provide a written decision to the complainant addressing

each element thereof and, where appropriate, recommend a course of action.

In the event the complainant disagrees with this determination and makes a

written request for reconsideration or clarification, specifying each

reason the complainant disagrees with the initial determination, Caledonia

shall consider such request and within 30 days after receipt thereof shall

render its final written decision to complainant, addressing each element

thereof and, where appropriate recommending a course of action.

 

27. LIMITATION OF LIABILITY

 

Notwithstanding any provision of the Service Agreement or this

FERC Gas Tariff, no Party, its affiliates and their respective directors,

officers and employees shall be liable to another Party or its affiliates

or any director, officer or employee of such Party or its affiliates, for

any punitive, specials, or exemplary damages or consequential,indirect,

or incidental damages or lost profits that arise out of, relate to or are

otherwise attributable to the Service Agreement, even if such Party or its

affiliates or any director, officer or employee of such Party or its

affiliates has been made aware of the possibility of such damages or lost

profits. THIS SECTION 27 SPECIFICALLY PROTECTS EACH PARTY, ITS AFFILIATES

AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES AGAINST SUCH DAMAGES

OR LOST PROFITS EVEN IF WITH RESPECT TO THE NEGLIGENCE, STRICT LIABILITY,OR

OTHER FAULT OR RESPONSIBILITYOF SUCH PARTY, ITS AFFILIATES, AND THEIR

RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES; AND ALL RIGHTS TO RECOVER SUCH

DAMAGES OR PROFITS ARE HEREBY WAIVED AND RELEASED. Nothing contained in

the foregoing shall limit the liability of either Party to the other Party,

if any, for direct damages. Notwithstanding the foregoing, nothing in this

Section 27 shall limit the liability of either Party to the other Party, if

any arising out of gross negligence, willful misconduct, or bad faith actions.