Pinnacle Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective

Original Sheet No. 162 Original Sheet No. 162 : Effective

 

 

29.5 Limitation on Damages - In all situations arising

out of a Transportation Agreement, Transporter

and Shipper shall attempt to avoid and minimize

the damages resulting from the act or omission of

the other party. Notwithstanding anything to the

contrary in the Agreement, no party shall be

liable to any other party for any lost or

prospective profits or any special, punitive,

exemplary, consequential, incidental or indirect

losses or damages (in tort, contract or

otherwise) under or in respect of the Agreement

or arising from any failure of performance

related hereto howsoever caused.

 

29.6 Ownership of Pipeline - Unless otherwise agreed,

in the event that Transporter at any time during

the term of a Transportation Agreement desires to

sell its pipeline system, Transporter shall

notify Shipper of the full particulars of any

bona fide offer received by Transporter that

Transporter is willing to accept. Shipper shall

have an exclusive first option to purchase the

system by providing to Transporter, within thirty

(30) Days after receipt of the notice from

Transporter, a written offer to purchase the

system on the same terms or terms more favorable

to Transporter. These rights to purchase shall

not extend to the sale, transfer or other

disposition of all or substantially all of

Transporter's assets, or to a sale or disposition

to another party being a wholly-owned subsidiary

or entity holding more than fifty-percent (50%)

of the stock of Transporter, or by merger, or by

way of pledge or hypothecation for purposes of

obtaining financing.

 

29.7 Calculations - The end results of all

calculations under a Transportation Agreement

shall be rounded to three (3) decimal places.

 

29.8 Entire Agreement - The Transportation Agreement,

Rate Schedules, and the General Terms and

Conditions contain the entire agreement of

Transporter and Shipper with respect to the

matters contained therein. No other agreement,

statement, or promise made by any party, or by

any employee, officer, or agent of any party,

which is not contained in such materials shall be