Shipper’s Responsibilities. Subject to the indemnity obligations contained in Sub-sections (c)-(d) of Article XIII, and notwithstanding anything to the contrary in the other provisions of this Agreement, SHIPPER AGREES TO DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS GATHERER INDEMNITEES AGAINST CLAIMS FOR LOSS OF OR DAMAGE TO PROPERTY ON ACCOUNT OF AN UNAUTHORIZED RELEASE OR DISCHARGE OF ANY SUBSTANCE, MATERIAL, MIXTURE, POLLUTANT, OR CONTAMINANT, WHICH EMANATES FROM SHIPPER INDEMNITEES’ PROPERTY, REGARDLESS OF FAULT.
Shipper’s Responsibilities. Shipper recognizes that, as between it and Transporter, Shipper has sole control over its physical takes of gas from Transporter's system and therefore has a duty to refrain from taking delivery of unauthorized overrun quantities. Shipper further recognizes that Shipper may cause hardship and economic damage to other shippers in the event Shipper takes delivery of unauthorized overrun quantities for which Shipper may be held accountable either through a direct cause of action by such other shippers or as an impleaded or third party defendant in a suit by such other shippers. In no event shall the payment of a penalty for an overrun quantity pursuant to this Service Agreement be considered as giving Shipper the right to take such unauthorized overrun quantity nor shall such payment be considered as a substitute for all other rights and remedies (including but not limited to consequential damages) available to any other shipper against Shipper.
Shipper’s Responsibilities. Shipper shall comply with all federal, state, local, and foreign laws applicable to the shipment, including but not limited to all customs, import, export, and re-export laws of any country to, from, through, or over which the shipment may be carried. Shipper shall furnish such information and complete and attach to the air waybill or other shipping documents such documents as are necessary to comply with such laws. Shipper shall ensure that each package is accurately and completely described on the shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to ensure safe transportation with ordinary care in handling, and, except as noted in writing, is in good order and condition. If Shipper wishes to tender cargo requiring special care or handling, including, but not limited to, shipments requiring temperature control, Shipper must give written notice of Superior of such requirements and must obtain the written acknowledgment of Superior to comply with such instructions prior to physical tender of the shipment. Superior shall have no obligation to comply with any special handling instructions unless acknowledged in writing prior to pick-up of the shipment. With respect to shipments requiring temperature control, Shipper shall provide Superior with appropriate temperature ranges and shall ensure that the shipment is at the appropriate temperature at the time of tender. Superior’s sole obligation with respect to requests for temperature controlled service shall be to arrange for transportation in cargo holds or containers that are set within appropriate temperature ranges. In no event shall Superior have any responsibility with respect to packaging of the shipment itself, including but not limited to, any obligation to open any packaging or otherwise ensuring that the internal contents or temperatures of any package tendered by Shipper remain within appropriate ranges. Nor will Superior have any responsibility to remove or replace any cold packs or other devices included in shipment packaging for the purpose of maintaining approved temperature ranges. Shipper hereby acknowledges that Superior may reject, abandon and/or release any item consigned by Shipper to Superior that Superior has declared to be unacceptable or which Shipper has undervalued for customs purposes or misdescribed on the shipping documents, whether intentionally or otherwise, without incurring any liability whatsoever to Shipper. Shipper agre...
Shipper’s Responsibilities. Shipper shall at its sole risk & cost provide the facilities other than those under 3.1 above to connect to and facilitate commissioning of the Connectivity Facilities.
Shipper’s Responsibilities
