(a) The failure to Supply, Distribute or Transport gas due to any cause, except a failure by SaskEnergy or its Subsidiary or any of their officers, directors, employees or agents to exercise a reasonable standard of care having regard to the circumstances; or (b) The Supply, Distribution or Transportation of Gas to, or use of Gas by a Customer, beyond the point of Delivery to the Customer’s Premises. Subsidiary, or any of their officers, directors, employees or agents, shall be liable only for direct physical damages. “Direct physical damages” shall not include damages, injuries, losses, expenses, liabilities, fees (including legal fees), or costs which are of an indirect, special or consequential nature (‘indirect damages’) regardless of whether they arise in contract, tort, or otherwise and regardless of whether or not the Customer has advised SaskEnergy or its Subsidiary or any of their officers, directors, employees or agents of same. Without limiting the generality of the foregoing, indirect damages shall include loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract, cost of capital, cost of purchased or replacement capacity or energy, loss of any use of any facilities or equipment or property owned, leased or operated by any Person and any other indirect, special or consequential damages, injuries, losses, expenses, liabilities, fees (including legal fees) or costs whatsoever. 9.4 The Customer shall be solely responsible for the installation, condition and maintenance of all piping, equipment, and apparatus downstream of the Metering Point, and the Customer shall indemnify and save harmless SaskEnergy and its Subsidiaries and any of their officers, directors, employees or agents from and against any claim or demand for injury to Persons or damage to property, whether in contract, tort or otherwise, arising out of or in any way connected with piping, equipment, and apparatus downstream of the Metering Point and the use made by the Customer of Gas supplied to the Customer by SaskEnergy or its Subsidiary, so long as such injury or damage is not caused by the negligence or willful misconduct of SaskEnergy or its Subsidiaries or any of their officers, directors, employees or agents. 9.5 Customer shall indemnify and save harmless SaskEnergy and its Subsidiaries or any of their officers, directors, employees or agents of and from all manner of actions, causes of action, proceedings, claims, demands, losses, costs, damages and expenses whatsoever which may be brought or made against SaskEnergy or its Subsidiaries or any of their officers, directors, employees or agents or which they may sustain, pay or incur as a result of or in connection with any act, omission or default on the part of Customer, whether in contract, tort or otherwise, with respect to any of its obligations assumed under the provisions of this Schedule, or as a result of the negligence or willful misconduct of Customer, its officers, directors, employees, or agents. 9.3 Notwithstanding anything to the contrary contained in this Schedule, SaskEnergy or its
10.
LOCATING OF BURIED PIPELINES
10.1 SaskEnergy and TransGas shall provide line locating Services for Corporate owned Facilities, without charge, at the request of the Customer or a third party excavator. New Provision – October 16, 2014 10.2 Customer is responsible for providing timely locates of Customer owned facilities generally, at the request of SaskEnergy, without charge and as a condition of service. Provided however, that SaskEnergy will provide line locating Services at its cost for Customer owned facilities where
SaskEnergy Terms and Conditions of Service Schedule
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