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.