Code Of Civil Procedure Article

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I. STATEMENT OF JURISDICTION Appellate jurisdiction over the present matter is appropriate pursuant to Louisiana Code of Civil Procedure Article 2083, Article V, §10 of the Louisiana Constitution of 1974, and Rule 1-3 of the Uniform Rules of the Louisiana Courts of Appeal.
II. ISSUES PRESENTED The following issues are presented by PCS Nitrogen Fertilizer, L.P. (“PCS”) on appeal: i. Whether the indemnification provisions contained in Paragraph 6 of the Water Service Agreement’s Standard Terms and Conditions required U.S. Filter, Inc. (“USF) to indemnify PCS for all costs, claims, liabilities, expenses, damages, judgment or other losses, including maintenance costs, startup costs, lost profits, and costs of investigation, litigation and reasonable attorney’s fees because such costs were incurred by the acts and omissions of USF. ii. Whether the trial court erred when it ruled that Paragraph 3 of the Standard Terms and Conditions modifies the elements of damages that are recoverable by PCS under the separate indemnification provision in Paragraph 6 of the Agreement. iii. Whether the trial court erred when it concluded that lost profits, which were directly caused by USF’s breach of the Agreement, were “consequential” damages. iv. Whether the trial court erred when it interpreted, in favor of USF, conflicting and ambiguous paragraphs of the Agreement, which were drafted by and contained in USF’s standard Water Service Agreements. v. Whether PCS is entitled to

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