Egan Hub Storage, LLC
First Revised Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-549-000, Status: Effective
Second Revised Sheet No. 162B Second Revised Sheet No. 162B : Effective
Superseding: First Revised Sheet No. 162B
GENERAL TERMS AND CONDITIONS
(Continued)
32. ELECTRONIC COMMUNICATIONS (continued)
32.5 LINK® System Subscriber; Affiliated Companies (cont'd)
(c) In order for LINK® System Users of LINK® System Subscriber to access the LINK®
System on behalf of LINK® System Subscriber's affiliates designated pursuant
Section 32.5(a) above, LINK® System Subscriber and each designated affiliate of
LINK® System Subscriber must meet the requirements of a LINK® System Subscriber
set forth in Section 32.1(a) of these General Terms and Conditions.
(d) It is the obligation of the LINK® System Subscriber to notify Egan Hub via the
LINK® System when a company affiliation terminates, either by (i) submitting a
request to terminate a company affiliation via the applicable on-line form, as
such form is updated from time to time in the LINK® System, or (ii) submitting
and approving superseding Designation of Affiliated Companies information in
accordance with Section 32.5(a). An affiliate may request a termination of the
company affiliation by submitting such request via the LINK® System. A request
to terminate a company affiliation will be processed by Egan Hub without consent
from the non-requesting party.
32.6 LINK® System Subscriber; Agency
(a) If LINK® System Subscriber desires to designate one or more persons or entities
to act as an agent on behalf of LINK® System Subscriber ("Agent"), then for each
such Agent, the LINK® System Subscriber (i) shall, or shall cause the Agent to,
submit to Egan Hub via the LINK® System the Designation of Agency information
specifying the rights granted to the Agent and (ii) shall cause the other party
to the agency relationship to approve the Designation of Agency information. The
Designation of Agency information shall be submitted and approved via the
applicable on-line form, as such form is updated from time to time in the LINK®
System. The submission pursuant to item (i) herein shall be deemed to be the
submitting party's approval of the information. Egan Hub may require that LINK®
System Subscriber provide additional documentation to confirm that LINK® System
Subscriber desires Agent to act on its behalf.
(b) In order for LINK® System Users of an Agent designated pursuant to Section
32.6(a) above to access the LINK® System on behalf of LINK® System Subscriber,
such Agent must meet the requirements of a LINK® System Subscriber set forth in
Section 32.1(a) of these General Terms and Conditions.
(c) Egan Hub may accept and fully rely upon Designation of Agency information
submitted and approved in accordance with Section 32.6(a) above or manually
submitted prior to September 1, 2007, in accordance with Section 32.4(g) above.
Egan Hub may fully rely upon all communications received from and direction given
by Agent with respect to all actions indicated in the approved Designation of
Agency information for which Agent is authorized to act on behalf of LINK® System
Subscriber. Egan Hub may grant Agent access to LINK® System Subscriber's data
contained in the LINK® System as necessary to perform the functions identified in
the approved Designation of Agency information. LINK® System Subscriber will
defend, indemnify and hold harmless Egan Hub from and against any and all claims,
demands, liabilities and/or actions, and/or any and all resulting loss, costs,
damages, and/or expenses (including court costs and reasonable attorney's fees)
of any nature whatsoever, that may be asserted against or imposed upon Egan Hub
by any party associated with Egan Hub's reliance on Designation of Agency
information provided pursuant to this Section 32.6.
(d) The rights specified in the approved Designation of Agency information having the
latest commencement date shall supersede all prior rights granted by LINK® System
Subscriber to Agent. In no event can an agency right granted to one Agent be
simultaneously granted to another Agent.