Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: RP07-549-000, Status: Effective

First Revised Sheet No. 162C First Revised Sheet No. 162C : Effective

Superseding: Sub Original Sheet No. 162C

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

32. ELECTRONIC COMMUNICATIONS (continued)

 

32.6 LINK® System Subscriber; Agency (cont'd)

 

It is the obligation of the LINK® System Subscriber to notify Egan Hub when an

agency relationship changes or terminates, either by (i) specifying a termination

date in the approved Designation of Agency information, (ii) submitting a request

to terminate an agency relationship via the LINK® System using the applicable on-

line form, as such form is updated from time to time in the LINK® System, or

(iii) submitting and approving superseding Designation of Agency information in

accordance with Section 32.6(a). The Agent may request a termination of the

agency relationship by submitting such request via the LINK® System. A request

to terminate an agency relationship will be processed by Egan Hub without consent

from the non-requesting party.

 

LINK® System Subscriber and Agent must re-approve existing Designation of Agency

information via the LINK® System using the applicable on-line form, as such form

is updated from time to time in the LINK® System, on an annual basis. If, during

this annual re-approval process, either the LINK® System Subscriber or the Agent

desires a change to the Designation of Agency information, new Designation of

Agency information must be submitted and approved in accordance with Section

32.6(a) above. Egan Hub shall remove the security rights granted to all LINK®

System Users of Agent pertaining to access granted by LINK® System Subscriber

pursuant to the Designation of Agency information if LINK® System Subscriber and

Agent do not re-approve the existing Designation of Agency information or submit

and approve updated Designation of Agency information on an annual basis.

 

(e) Agent is authorized to act on behalf of LINK® System Subscriber under any or all

of LINK® System Subscriber's Service Agreements with Egan Hub as such Service

Agreements are effective from time to time, or with respect to any or all meter

locations as available from time to time, respectively, as specified in the

Designation of Agency information, until LINK® System Subscriber properly

notifies Egan Hub that the agency relationship is terminated or superseded in

accordance with Section 32.6(d). The designation of an Agent by a LINK® System

Subscriber does not provide for an assignment of the rights and obligations of

any Service Agreement between Egan Hub and LINK® System Subscriber.

 

32.7 Liability

 

(a) Egan Hub shall not be liable to LINK® System Subscriber nor any other party in

damages for any act, omission or circumstance related to the LINK® System

occasioned by or in consequence of an event of Force Majeure as defined in

Section 17 of these General Terms and Conditions, that is not within the control

of Egan Hub and which by the exercise of due diligence Egan Hub is unable to

prevent or overcome. To the extent the information displayed on the LINK® System

is originated solely by Egan Hub and such information is subsequently determined

to be inaccurate, LINK® System Subscriber shall not be subject to any penalties

otherwise collectable by Egan Hub based on Customer conduct attributable to such

inaccuracy during the period the inaccurate information was displayed on the

LINK® System.

 

(b) LINK® System Subscriber shall defend, indemnify and hold harmless Egan Hub from

and against any and all claims, demands and/or actions, and 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 as a result of the unauthorized or otherwise

improper use of any USERID and/or password issued to or by LINK® System

Subscriber and/or Local Security Administrator or any other unauthorized or

improper use of the LINK® System by any LINK® System User or LINK® System

Subscriber unless such improper use is the result of Egan Hub's negligence or

willful misconduct, including, but not limited to, distribution of USERIDs or

passwords to persons that are not employed by, or agents or affiliates of, LINK®

System Subscriber.