Cove Point LNG Limited Partnership

Second Revised Volume No. 1

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Effective Date: 06/01/2003, Docket: CP01- 76-003, Status: Effective

Original Sheet No. 18L Original Sheet No. 18L : Effective

 

 

RATE SCHEDULE LTD-1

FIRM LNG TANKER DISCHARGING SERVICE

(Continued)

 

 

 

6. RESPONSIBILITY, WARRANTY AND ASSIGNMENT (Continued)

 

6.3 Neither Operator nor Buyer shall be liable for any indirect or consequential damages

incurred by Operator or Buyer or Buyer's Agent in connection with (i) Operator's

performance or failure to perform any service available under this Tariff or (ii)

Buyer's or Buyer's Agent's performance or failure to perform any obligation under this

Tariff. Consequential damages shall include, but not be limited to, lost profits,

lost earnings, and special and punitive damages.

 

6.4 Buyer shall indemnify, defend and hold Operator harmless from and against any and all

losses, damages, costs, expenses, claims, suits, actions, proceedings and demurrage or

delay arising out of or related to performance or nonperformance in connection with

this Tariff by Buyer or operator of Buyer's vessel, the owners thereof or any other

third party. In no event shall Buyer indemnify Operator from losses, damages, costs,

expenses, claims, suits, actions, proceedings and demurrage or delay which are the

result of Operator's negligence, bad faith or willful misconduct.

 

Operator shall indemnify, defend and hold Buyer harmless from and against any and all

losses, damages, costs, expenses, claims, suits, actions, proceedings an demurrage or

delay arising out of or related to performance or nonperformance in connection with

this Tariff by Operator. In no event shall Operator indemnify Buyer from losses,

damanges, costs, expenses, claims, suits, actions, proceedings, and demurrage or delay

which are the result of Buyers negligence, bad faith or willful misconduct.

 

6.5 Operator and Buyer each individually warrant that they shall, at the time of delivery

of LNG, vaporized LNG or Natural Gas to the other, have good title to or good right to

deliver all such LNG, vaporized LNG or Natural Gas, and that they shall deliver, or

cause to be delivered, such LNG, vaporized LNG or Natural Gas free from all liens,

encumbrances and claims whatsoever. Except as provided in Sections 6.3 and 6.4 herein,

both Operator and Buyer shall, as to the LNG, vaporized LNG or Natural Gas it delivers

or causes to be delivered to the other, indemnify and save the other harmless from all

suits, actions, debts, accounts, damages, costs, losses and expenses arising from or

out of any adverse claims or any and all persons to said LNG, vaporized LNG or Natural

Gas and to royalties, taxes, fees or charges thereon.

 

6.6 As to all matters within its actual or imputed control, Buyer represents and warrants

that service hereunder and all arrangements incident thereto conform to applicable

regulations, and agrees to indemnify and hold Operator harmless against any and all

actions, suits, or proceedings, concerning such service or arrangement, which are

brought before or instituted by any authority having jurisdiction, except to the

extent such action, suit or proceeding is the result of Operator's negligence, bad

faith or willful misconduct.

 

As to all matters within its actual or imputed control, Operator represents and

warrants that service hereunder and all arrangements incident thereto conform to

applicable regulations, and agrees to indemnify and hold Buyer harmless against any

and all actions, suits or proceedings, concerning such service or arrangement which

are brought before or instituted by any authority having jurisdiction, except to the

extent such action, suit or proceeding is the result of Buyer's negligence, bad faith

or willful misconduct.