Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 293 Original Sheet No. 293
GENERAL TERMS AND CONDITIONS
(CONTINUED)
24. ELECTRONIC COMMUNICATION (continued)
24.7. 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 15 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
Shipper 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/or 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.