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