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CENTERPOINT ENERGY ENTEX
<br /> GENERAL TERMS AND CONDITIONS FOR TRANSPORTATION SERVICE
<br /> RATE SCHEDULES T-90,T-91 &T-92
<br /> EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND
<br /> EXCLUSIVE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS
<br /> SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT
<br /> LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS
<br /> EXPRESSLY PROVIDED UNDER THE AGREEMENT,APPLICABLE RATE SCHEDULE
<br /> OR THESE GENERAL TERMS,A PARTY'S LIABILITY SHALL BE LIMITED TO DIRECT
<br /> ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE
<br /> AND EXCLUSIVE REMEDY,AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR
<br /> IN EQUITY ARE WAIVED. UNLESS EXPRESSLY PROVIDED UNDER THE
<br /> AGREEMENT, APPLICABLE RATE SCHEDULE OR THESE GENERAL TERMS,
<br /> NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL,
<br /> PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER
<br /> BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT,
<br /> UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE
<br /> PARTIES THAT THE LIMITATIONS IMPOSED UNDER THE AGREEMENT,
<br /> APPLICABLE RATE SCHEDULE OR THESE GENERAL TERMS ON REMEDIES AND
<br /> THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES
<br /> RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER
<br /> SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.
<br /> TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID UNDER THE AGREEMENT,
<br /> APPLICABLE RATE SCHEDULE OR THESE GENERAL TERMS ARE LIQUIDATED,THE
<br /> PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE
<br /> TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS
<br /> INCONVENIENT AND THE DAMAGES CALCULATED UNDER SUCH AGREEMENT,
<br /> APPLICABLE RATE SCHEDULE OR THESE GENERAL TERMS CONSTITUTE A
<br /> REASONABLE APPROXIMATION OF THE HARM OR LOSS INCURRED.
<br /> 16.1.3 EXCEPT AS OTHERWISE PROVIDED UNDER THE AGREEMENT,APPLICABLE RATE
<br /> SCHEDULE OR THESE GENERAL TERMS, SHIPPER EXPRESSLY AGREES TO
<br /> PROTECT,DEFEND,INDEMNIFY,AND SAVE COMPANY,ITS OFFICERS,DIRECTORS,
<br /> AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LOSS,
<br /> DESTRUCTION, OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO
<br /> PROPERTY OF COMPANY, SHIPPER, OR ANY THIRD PARTY) AND ANY AND ALL
<br /> CLAIMS,DEMANDS,AND COURSES OF ACTION OF EVERY KIND AND CHARACTER,
<br /> WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES OR THE
<br /> NEGLIGENCE OF ANY PARTY OR PARTIES, ARISING OUT OF OR IN ANY WAY
<br /> CONNECTED WITH THE GAS OR THE TRANSPORTATION OF GAS UNDER THE
<br /> TRANSPORTATION SERVICE AGREEMENT,EXCEPT TO THE EXTENT CAUSED BY
<br /> THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY, ITS
<br /> OFFICERS, AGENTS AND EMPLOYEES. SHIPPER SHALL ON COMPANY'S
<br /> REQUEST, DEFEND ANY SUIT ASSERTING A CLAIM COVERED BY THIS
<br /> INDEMNITY. SHIPPER SHALL PAY ALL COSTS THAT MAY BE INCURRED BY
<br /> COMPANY IN ENFORCING THIS INDEMNITY, INCLUDING ALL REASONABLE
<br /> ATTORNEY'S FEES.
<br /> 16.2 Force Majeure
<br /> 16.2.1 Suspension of Performance.In the event either party is rendered unable,wholly or in part,by an event
<br /> of force majeure to carry out its obligations under any Transportation Service Agreement,except the
<br /> obligation to pay monies due under such Agreement,on such party's giving notice and reasonably full
<br /> particulars of such event of force majeure,in writing or by fax,to the other party within a reasonable
<br /> time after the occurrence of the cause relied on,the obligations of the party giving such notice,so far
<br /> as they are affected by such event of force majeure,will be suspended during the continuance of any
<br /> First Revised Terms&Conditions Replaces Original T-90.T-91&T-92 Effective 07-11-2019
<br /> Terms&Conditions
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