Common use of Exclusion of liability of Shipper Clause in Contracts

Exclusion of liability of Shipper. (a) Subject to the terms of this agreement and only to the extent the Shipper has transferred Contracted Capacity (either through a Bilateral Trade or Exchange Trade) or the Shipper’s Contracted Capacity that it does not nominate to use under this agreement is allocated to a Secondary Shipper through the Capacity Auction, the Shipper will have no liability to the Service Provider: (i) for, or relating to, any use by another person of the Contracted Capacity the subject of an Operational Transfer; or (ii) for, or relating to, any act or omission of another person relating to the Contracted Capacity the subject of an Operational Transfer.