Panhandle Eastern Pipe Line Company

First Revised Volume No. 1

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Effective Date: 10/18/1999, Docket: RP99-482-000, Status: Effective

First Revised Sheet No. 650 First Revised Sheet No. 650 : Superseded

Superseding: Substitute Original Sheet No. 650

FORM OF SERVICE AGREEMENT (Continued)

FOR MESSENGERþ

 

 

 

Release and Disclaimer of Liability: Indemnification

 

Pipeline expressly disclaims any and all liability for damages

to Messengerþ Subscriber, except for damages directly attributable

to the negligence, bad faith, fraud or willful misconduct of

Pipeline, or to any third parties associated with Messengerþ

Subscriber's use of the Messengerþ system arising out of or in any

manner related to use by Messengerþ Subscriber or Pipeline of the

Messengerþ system, including but not limited to any damages resulting

from any one or more of the following: (1) any acts of God or force

majeure, including but not limited to sabotage, war, riot, lightning,

vermin, fire, floods, electrical storms and/or power outages, or any

other natural or public calamity; (2) any defects in computer

software or hardware or defective programming; (3) any interruption

in or malfunction of electronic communication or transmission; or (4)

any improper or erroneous service which may occur as a result of use

of the Messengerþ system. Pipeline's liability, if any, shall be

limited to direct damages only incurred by Messengerþ Subscriber and

shall not extend to consequential, indirect or punitive damages

incurred by Messengerþ Subscriber or any damages, of any nature

whatsoever incurred by third parties.

 

PIPELINE HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES

OF ANY NATURE WHATSOEVER IN CONNECTION WITH MESSENGERþ SUBSCRIBER'S

USE OF THE MESSENGERþ SYSTEM, INCLUDING BUT NOT LIMITED TO ANY AND

ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY

PARTICULAR PURPOSE.

 

Messengerþ Subscriber agrees to protect, defend, indemnify,

and hold Pipeline harmless 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 in any manner directly or indirectly connected with Messengerþ

Subscriber's use of the Messengerþ system except for the negligence, bad

faith, fraud or willful misconduct of Pipeline.