TransGas Comprehensive Tariff
Article 6 Indemnity 6.1) Except in the instance of an intentional wrongful act by TransGas, Customer agrees to defend, indemnify and hold harmless TransGas, its officers, agents and employees against any liability, loss or damage whatsoever occurring in connection with or relating to the Electronic Business Services in any way, or in the use of the Secure Zone, including reasonable costs and lawyers’ fees, where such liability, loss or damage results from any demand, claim, action, cause of action or suit brought by the Customer or by any person, association, or entity, public or private, that is not a party to these terms and conditions to the extent such liability, loss or damage is a direct or indirect result of the breach of this Agreement or a direct or indirect result of any sole or concurrent negligence or other tortious acts or omissions by the Customer, its officers, agents or employees in the performance through its use of the Secure Zone. Article 7 Limited Liability 7.1) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSGAS OR CUSTOMER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS ARISING FROM OR OUT OF THE USE OF, OR INABILITY TO USE, THE SECURE ZONE, WHETHER SUCH DAMAGES ARE SOUGHT BY EITHER PARTY OR ANY OTHER THIRD PARTY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2) EXCEPT FOR AN INTENTIONAL WRONGFUL ACT OF TRANSGAS, TRANSGAS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO CUSTOMER OR ANY THIRD PARTY ASSOCIATED WITH CUSTOMER’S USE OF THE SECURE ZONE, REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. NEITHER TRANSGAS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES OR AGENTS SHALL BE LIABLE TO THE CUSTOMER FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES ARISING FROM INCLUDING WITHOUT LIMITATION; (I) FAULT IN DELIVERY, MALFUNCTION, DELAY, OMISSION, SUSPENSION, INACCURACY, FORCE MAJEURE OR TERMINATION; (II) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, MAINTENANCE, USE OF OR INABILITY TO USE ALL OR PART OF THE SECURE ZONE SERVICE; (III) CUSTOMER’S NEGLIGENT OR IMPROPER USE OF THE SECURE ZONE SERVICE, INCLUDING UNAUTHORIZED USE BY CUSTOMER, CUSTOMER’S PRESENT OR FORMER OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS OR BY ANY OTHER PERSONS; (IV) ANY DEFECTS IN COMPUTER HARDWARE; OR (V) ANY MALFUNCTION OF ELECTRONIC COMMUNICATION OR TRANSMISSION.
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Service Specifications 3.5 Electronic Business
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