East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/20/2008, Docket: RP08-277-000, Status: Effective
Second Revised Sheet No. 375F Second Revised Sheet No. 375F : Effective
Superseding: First Revised Sheet No. 375F
GENERAL TERMS AND CONDITIONS (Continued)
23. ELECTRONIC COMMUNICATION
Agency information in accordance with Section 23.6(a). The Agent may request a
termination of the agency relationship by submitting such request via the LINK®
System. A request to terminate an agency relationship will be processed by
Transporter without consent from the non-requesting party.
LINK® System Subscriber and Agent must re-approve existing Designation of
Agency information via the LINK® System using the applicable on-line form, as
such form is updated from time to time in the LINK® System, on an annual basis.
If, during this annual re-approval process, either the LINK® System Subscriber
or the Agent desires a change to the Designation of Agency information, new
Designation of Agency information must be submitted and approved in accordance
with Section 23.6(a) above. Transporter shall remove the security rights
granted to all LINK® System Users of Agent pertaining to access granted by
LINK® System Subscriber pursuant to the Designation of Agency information if
LINK® System Subscriber and Agent do not re-approve the existing Designation of
Agency information or submit and approve updated Designation of Agency
information on an annual basis.
(e) Agent is authorized to act on behalf of LINK® System Subscriber under any or
all of LINK® System Subscriber's Service Agreements with Transporter as such
Service Agreements are effective from time to time, or with respect to any or
all meter locations as available from time to time, respectively, as specified
in the Designation of Agency information, until LINK® System Subscriber
properly notifies Transporter that the agency relationship is terminated or
superseded in accordance with Section 23.6(d). The designation of an Agent by
a LINK® System Subscriber does not provide for an assignment of the rights and
obligations of any Service Agreement between Transporter and LINK® System
Subscriber.
23.7 Liability
(a) Transporter shall not be liable to LINK® System Subscriber nor any other party in
damages for any act, omission or circumstance related to the LINK® System
occasioned by or in consequence of an event of force majeure as defined in
Section 24 of these General Terms and Conditions, that is not within the control
of Transporter and which by the exercise of due diligence Transporter is unable
to prevent or overcome. To the extent the information displayed on the LINK®
System is originated solely by Transporter and such information is subsequently
determined to be inaccurate, LINK® System Subscriber shall not be subject to any
penalties otherwise collectable by Transporter based on Customer conduct
attributable to such inaccuracy during the period the inaccurate information was
displayed on the LINK® System.
(b) LINK® System Subscriber shall defend, indemnify and hold harmless Transporter
from and against any and all claims, demands and/or actions, and any and all
resulting loss, costs, damages, and/or expenses (including court costs and
reasonable attorney's fees) of any nature whatsoever, that may be asserted
against or imposed upon Transporter by any party as a result of the unauthorized
or otherwise improper use of any USERID and/or password issued to or by LINK®
System Subscriber and/or Local Security Administrator or any other unauthorized
or improper use of the LINK® System by any LINK® System User or LINK® System
Subscriber unless such improper use is the result of Transporter's negligence or
willful misconduct, including, but not limited to, distribution of USERIDs or
passwords to persons that are not employed by, or agents or affiliates of, LINK®
System Subscriber.