Southern Star Central Gas Pipeline, Inc.

Original Volume No. 1

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Effective Date: 05/01/2003, Docket: RP03-352-000, Status: Effective

Original Sheet No. 497 Original Sheet No. 497 : Effective

 

FORM OF SERVICE AGREEMENT

FOR ELECTRONIC BULLETIN BOARD

 

4. Customer is being allowed to utilize the System solely for Customer's

convenience. Thus, Customer's use of the System is "AS IS, WHERE IS"

and with all faults. Customer is responsible for verifying the accuracy

of any information posted on the EBB which relates to its contracts or

bids. Southern Star will use its best efforts to ensure the accuracy of

information posted on its EBB; however, Southern Star shall not be

liable for the accuracy of any information posted on its EBB unless any

such inaccuracy results from negligence or willful misconduct by

Southern Star.

 

5. Both Customer and Southern Star shall have the right to terminate this

Agreement at any time. Southern Star shall have the right to modify or

terminate its System and/or Customer's right to use the System at any

time for due cause. Southern Star also reserves the right to invalidate

ID Codes for cause. Southern Star shall provide reasonable notice and

allow Customer to respond before terminating this agreement or its

System, terminating Customer's right to use the System, or invalidating

any ID Codes. Upon termination of this Agreement or upon request by

Southern Star, Customer shall (a) immediately cease all use of the

System and (b) return to Southern Star all log on diskettes and related

materials within five (5) business days.

 

6. This Agreement is personal to Customer and may not be assigned, licensed

or transferred (except as part of the sale of the assets of Customer's

business to which this Agreement relates) by Customer without the

express written consent of Southern Star.

 

7. There are other written agreements in place between the parties and

this Agreement shall not cancel or supersede those other agreements

except to the extent inconsistent with the specific terms and

conditions hereof pertaining to the System. However, the terms and

provisions of this Agreement do supersede any oral representations

between the parties or any conflicting terms and conditions in any

other agreement with regard to the subject matter of this Agreement.

This Agreement contains the entire agreement between the parties with

respect to the subject matter hereof and shall not be modified except

by written instrument duly executed by both parties. This agreement

shall be governed and construed in accordance with the laws of the

STATE OF KENTUCKY, excluding any conflicts of law, rule or principle

that might refer same to the laws of another jurisdiction.