East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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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superseded in accordance with Section 23.6(d).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.