Equitrans, L. P.

Original Volume No. 1

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Effective Date: 05/16/2010, Docket: RP10-616-000, Status: Effective

First Revised Sheet No. 507 First Revised Sheet No. 507

Superseding: Original Sheet No. 507

 

USER AGREEMENT

FOR EQUITRANS' EBB SYSTEM

(Continued)

 

 

Authorized User hereby warrants and agrees that any individual user that

accesses Equitrans' EBB System has the legal authority to act on behalf of the

Authorized User and may bind the Authorized User to services through the use

of the interactive capabilities available through Equitrans' EBB System.

Equitrans shall be entitled to rely on all information transmitted to

Equitrans through Equitrans' EBB System by any representative of the

Authorized User using the user identification.

 

COPYRIGHT

 

Authorized User shall assure that no copies of any software issued to the

Authorized User are made without the prior written consent of Equitrans, which

consent may be withheld by Equitrans at its sole discretion. Any software

copies made by Authorized User shall contain a copyright notice substantially

identical to that contained in the software issued by Equitrans.

 

RELEASE AND DISCLAIMER OF LIABILITY; INDEMNIFICATION

 

Except for the negligence, bad faith, fraud or willful misconduct of

Equitrans, Equitrans expressly disclaims any and all liability for loss or

damage to the Authorized User or to any third parties associated with the

Authorized User's use of Equitrans' EBB System, including but not limited to

any incidental, consequential, or special damages, arising out of or in any

manner related to use by the Authorized User or of Equitrans' EBB System.

 

Equitrans' EBB System Authorized User agrees to protect, defend,

indemnify, and hold harmless Equitrans against any and all loss, costs,

damages, and expenses of any nature whatsoever (including court costs and

reasonable attorney's fees), resulting from or otherwise related to

any claim, demand, or action asserted against Equitrans, arising from or in

any manner directly or indirectly connected with Authorized User's use of

Equitrans' EBB System, except for the negligence, bad faith, fraud or willful

misconduct of Equitrans.

 

EQUITRANS HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF

ANY NATURE WHATSOEVER IN CONNECTION WITH EQUITRANS' EBB SYSTEM AUTHORIZED

USER'S USE OF EQUITRANS' EBB SYSTEM, INCLUDING BUT NOT LIMITED TO ANY AND ALL

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.