Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-97-000, Status: Effective

Second Revised Sheet No. 608E Second Revised Sheet No. 608E

Superseding: First Revised Sheet No. 608E

 

GENERAL TERMS AND CONDITIONS

(continued)

 

40. ELECTRONIC COMMUNICATION

 

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

Algonquin 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 Algonquin 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 Algonquin'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.

 

40.8 Electronic Mail (E-mail) Notification. For system-wide notices of general

applicability, any provisions of this FERC Gas Tariff requiring that these

matters be written or in writing are satisfied by Algonquin utilizing

electronic transmission through the LINK® System in accordance with the

procedures for utilization of the LINK® System or through electronic data

interchange as provided for in Commission-approved or permitted data sets.

Critical system-wide notices will be in a separate category from notices that

are not critical. Algonquin will use electronic mail (e-mail) in order to

facilitate certain notifications to Customers as required by this FERC Gas

Tariff. Customer shall provide Algonquin with at least one e-mail address to

which these notifications can be sent, and shall be responsible for updating

such information as necessary. In addition to the requirement specified in

Sections 24.3, 26.6 and 29.3 of these General Terms and Conditions to post

notices on the LINK® System, Algonquin shall provide such notifications via e-

mail communication to those Customers that have provided such e-mail address

information and have requested, via the LINK® System, e-mail notification of

critical notices issued by Algonquin. Customer shall be responsible for

providing accurate e-mail notification information to Algonquin, including

timely updates to such information as necessary. All other provisions,

including service agreement-specific notices, requiring items or information to

be written or in writing remain unchanged unless otherwise agreed by Algonquin

and Customer.

 

40.9 Rights to LINK® System. Algonquin or an affiliate of Algonquin is the

exclusive proprietor of the programming that generates the LINK® System and of

all the copyrights and proprietary interests therein, except insofar as any

third party (whose materials are made available in the files of the LINK®

System under license to Algonquin or an affiliate of Algonquin) possesses a

copyright or proprietary interest in such materials, but not of the files of

and the information displayed on the LINK® System. A LINK® System Subscriber

will not by virtue of this Section 40 or the executed LINK® System Agreement

acquire any proprietary interests in the programming that generates the LINK®

System. As part of Algonquin's continuing development of the LINK® System,

third parties may desire to acquire rights to certain parts of the programming.

Algonquin will attempt to accommodate, when appropriate, requests by LINK®

System Subscribers to license these rights for use in the LINK® System.