Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 433 Original Sheet No. 433 : Effective

 

 

7. Operator shall operate its EBB system in a prudent manner. Except for the negligence,

fraud, or willful misconduct of Operator, Operator expressly disclaims liability for loss or

damage resulting from Customer's actions or breach of this Agreement, events of Force

Majeure, any defects in computer software, hardware, or programming, or any

interruption in or malfunction of electronic communication or transmission. Customer

agrees to defend, indemnify and hold harmless Operator, its affiliates and their respective

officers, directors, employees and agents, from and against all claims, demands, damages,

losses, costs and expenses (including court costs and reasonable attorney's fees) and

liabilities of any nature whatsoever (collectively referred to herein as "Liabilities")

arising out of any breach of this Agreement by Customer or its authorized persons, or the

use of the EBB or the information contained therein by Customer, so long as such

Liabilities are not the direct result of the negligence, fraud, or willful misconduct of

Operator. The parties hereto agree that neither party shall be liable to the other party, or

its corporate parent, subsidiaries or affiliates for any special, indirect or consequential

damages (including, without limitation, loss of profits or business interruptions) incurred

by said party arising out of or in any manner related to this Agreement, the provision and

use of the EBB system, or the information contained therein.

 

8. Customer understands and agrees that Operator may act, and shall be fully protected in

acting, in reliance upon any acts or things done or performed by persons utilizing

Customer's USER IDs and passwords on behalf of Customer (so long as Operator is not

aware of a security breach), and that Operator shall be held harmless from any omission

or failure by Customer to act or perform any duty required by a function accessed

through the EBB.

 

9. A USER ID that is inactive for ninety (90) days may be suspended. If Customer's USER

ID is suspended, Customer may contact Operator to have its USER ID reinstated.

 

10. Operator reserves the right to invalidate Customer's USER IDs and passwords at any

time in the event Customer breaches any of the terms of this Agreement and such breach,

in Operator's sole judgment, threatens the security or integrity of the system and

Customer fails to cure the breach within twenty four (24) hours of notification from

Operator.