Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

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Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective

Original Sheet No. 928 Original Sheet No. 928 : Effective

 

FORM OF SERVICE AGREEMENT

FOR THE LINKþ SYSTEM

(Continued)

 

Release and Disclaimer of Liability; Indemnification

 

Pipeline expressly disclaims any and all liability for damages to LINKþ

System Subscriber,except for damages directly attributable to the negligence, bad

faith, fraud or willful misconduct of Pipeline, or to any third parties

associated with LINKþ System Subscriber's use of the LINKþ System arising out of

or in any manner related to use by LINKþ System Subscriber or Pipeline of the

LINKþ 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

LINKþ System. Pipeline's liability, if any, shall be limited to direct damages

only incurred by the LINKþ System Subscriber and shall not extend to

consequential, indirect or punitive damages incurred by the LINKþ System

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 LINKþ SYSTEM SUBSCRIBER'S USE OF THE LINKþ

SYSTEM, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

 

LINKþ System 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 in any manner directly or indirectly connected

with LINKþ System Subscriber's use of the LINKþ System, except for the

negligence, bad faith, fraud or willful misconduct of Pipeline.

 

Other Terms and Conditions.

 

Use of the LINKþ System is expressly subject to all of the General Terms and

Conditions, as well as all of the terms and conditions of any Rate Schedule and

Service Agreement which may be applicable to any transaction performed by LINKþ

System Subscriber and Pipeline by means of the LINKþ System, all of which are set

forth in Pipeline's currently effective FERC Gas Tariff as amended from time to

time and are hereby incorporated by reference. In the event of a conflict

between the terms and conditions of this service agreement and any other

applicable terms and