Trunkline Gas Company

First Revised Volume No. 1

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Effective Date: 10/18/1999, Docket: RP99-483-000, Status: Effective

First Revised Sheet No. 368 First Revised Sheet No. 368 : Effective

Superseding: Sub Original Sheet No. 368

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

the Messengerþ Subscriber and shall not extend to consequential,

indirect or punitive damages incurred by the 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 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 Messengerþ Subscriber's

use of the Messengerþ system, except for the negligence, bad faith,

fraud or willful misconduct of Pipeline.