Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: RP98- 17-000, Status: Effective

Substitute Original Sheet No. 373 Substitute Original Sheet No. 373 : Effective

Superseding: Original Sheet No. 373

6. Customer agrees to attempt to access only that data for

which Customer has authorization.

 

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.