Limitation of Liability

Limitation of Liability

The Company shall not be deemed to be in control and possession of the transportation gas until such gas has been delivered to the Company by the Customer’s Transporting Pipeline at the Point of Receipt. Thereafter, the Company shall be deemed to be in control or possession of gas delivered to it by the Customer’s Transporting Pipeline on behalf of Customer until the gas has been delivered to Customer at the Point of Delivery, after which Customer shall be deemed to be in control and possession thereof.

Gas shall be and remain the property of the Customer while being transported and delivered by the Company. The Customer shall be responsible for maintaining all insurance it deems necessary to protect its property interest in such gas, before, during and after receipt by the Company.

The Company shall not be liable for curtailment of service or loss of gas as a result of any governmental agency with jurisdiction to regulate, allocate, or control gas supplies or the ability of the Company to render transportation service, and regardless of any defect in such law, regulation, or order.