Tariff

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TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1

SECTION 7.28
LIABILITY
VERSION 3.0.0

GENERAL TERMS AND CONDITIONS

    	   
    
    7.28.  LIABILITY
    
        7.28.1  Transporter shall notify Shipper as soon as reasonably 
                practical if service is curtailed.
    
        7.28.2  Transporter shall not be liable for curtailment of service 
                or loss of natural gas as a result of any steps taken to comply 
                with any law, regulation or order or any governmental agency 
                which has or purports to have jurisdiction to regulate, allocate 
                or control gas supplies or the rendition of service hereunder, 
                and regardless of any defect in such law.
    
        7.28.3  Notwithstanding anything to the contrary contained in this 
                Tariff, Transporter shall not be liable to Shipper for any loss 
                of gas while it is in the custody of Transporter, unless such loss 
                is caused solely by the gross negligence or willful misconduct 
                of Transporters' own employees or agents.
    
        7.28.4  If delivery of quantities is curtailed for any reason, 
                Transporter shall not be liable for delivering said quantities 
                at a later date.
                
        7.28.5. Transporter shall not be liable to Shipper or any other 
                person with respect to the quality or quantities of natural 
                gas delivered hereunder, including without limitation the 
                heating value, water content or other impurities unless such 
                quality degradation was caused directly by the gross 
                negligence or willful misconduct of Transporter, or the title 
                to the natural gas transported, nor shall Transporter be 
                responsible for, or liable to, Shipper or any other party 
                with respect to the balancing of gas quantities, hereunder, 
                which shall be the sole responsibility and obligation 
                of Shipper.
                
        7.28.6. Disclaimer, Indemnification.  With respect to the natural 
                gas being transported pursuant to this Tariff, Transporter 
                makes no representations or warranties as to the merchantability 
                or fitness for a particular purpose, expressed or implied, by 
                operation of law or otherwise, of such natural gas. Each of 
                Transporter and Shipper agrees to indemnify, defend, reimburse 
                and hold harmless the other party, and its affiliated companies, 
                directors, officers, shareholders, employees, agents, and 
                other representatives from and against any and all liability, 
                loss, damage or penalties (including reasonable attorneys' 
                fees and costs of court) they may suffer, sustain or incur 
                arising out of any breach by such party of any of its covenants, 
                representations and warranties, or any other terms and 
                conditions of this agreement, including, without limitation, 
                with respect to the pressures, quality, title to, or balancing 
                of the natural gas transported hereunder, regardless of whether 
                attributable to, or relating to, the sole, joint or concurrent 
                negligence, strict liability or other fault or responsibility 
                of such party, such other party or any other person, provided, 
                however, that such other party shall not be entitled to 
                indemnification hereunder with regard to that portion of the 
                claimed liability, loss or damage which is attributable to 
                such other party's own sole, joint or concurrent negligence.

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