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
FOR EQUITRANS' EBB SYSTEM
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.
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.