Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 6-005, Status: Effective

Original Sheet No. 151D Original Sheet No. 151D : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(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.