Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 288 Original Sheet No. 288

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(7) Entire Agreement. The Electronic Contracting Agreement, the documents incorporated

therein by reference, and the Documents transmitted pursuant to the Electronic Contracting Agreement

shall (i) constitute the complete agreement of the parties relating to the matters specified in the

Electronic Contracting Agreement, and (ii) supersede all prior representations or agreements, whether

oral or written, with respect to such matters. No oral modification or waiver of any of the

provisions of the Electronic Contracting Agreement shall be binding on either party. No modification

of or supplement to the terms and provisions of the Electronic Contracting Agreement shall be

effective unless it is in a paper writing signed in original handwriting by the parties. No

obligation to enter into any Transaction is to be implied from the execution or delivery of the

Electronic Contracting Agreement. The Electronic Contracting Agreement is for the benefit of, and

shall be binding upon, the parties and their respective successors and assigns.

 

(m) Limitation of Damages.

 

(1) Neither party shall be liable to the other for any special, incidental, exemplary or

consequential damages arising from or as a result of any delay, omission or error in the electronic

transmission or receipt of any Documents pursuant to the Electronic Contracting Agreement, even if

either party has been advised of the possibility of such damages.

 

(2) Shipper or any other party with access to Transporter's EBB shall defend and indemnify

Transporter from and against any and all claims, demands and actions, and any resulting loss, costs,

damages and expenses (including court costs and reasonable attorney fees) that may be asserted against

or imposed upon Transporter by any person or entity as a result of the unauthorized or otherwise

improper use of any User Identification or Password issued by Transporter to that Shipper or other

party.