Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-141-002, Status: Effective

Second Revised Sheet No. 33 Second Revised Sheet No. 33 : Superseded

Superseding: FIRST REVISED SHEET NO. 33

 

 

GENERAL TERMS AND CONDITIONS

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(continued)

 

ACCELERATE Subscriber's representation that any and all Designated Personnel authorized to perform any

ACCELERATE function listed above have been duly authorized to enter nominations, to place notices of

capacity release, to place binding bids to acquire capacity, and to execute capacity release Award

Acknowledgements. ACCELERATE Subscriber shall be bound by all actions performed pursuant to Authorized

Personnel's or Designated Personnel's USERIDs or passwords.

 

ACCELERATE Subscriber shall not disclose to persons other than Authorized Personnel, and shall keep

completely confidential, all USERIDs and passwords issued to ACCELERATE Subscriber by Great Lakes. In

addition, each Authorized Personnel shall not disclose to any other person, and shall keep completely

confidential, the individualized USERID and password issued to such Authorized Personnel. ACCELERATE

Subscriber shall be solely responsible for any and all improper use of USERIDs and passwords related

to any such unauthorized disclosure by Subscriber, or former or current Authorized Personnel of

Subscriber.

 

ACCELERATE Subscriber shall immediately inform Great Lakes in writing whenever it desires: (1) to

terminate access to ACCELERATE that has been previously granted to any Authorized Personnel, or (2) to

terminate or to limit the status of any Designated Personnel. ACCELERATE Subscriber shall be solely

responsible for any and all unauthorized or otherwise improper use of USERIDs and passwords by Authorized

Personnel that at some point are no longer employed or controlled by ACCELERATE Subscriber. Great Lakes

reserves the right, upon cause, to invalidate any password or USERID. Great Lakes will provide notice

and inform the ACCELERATE Subscriber as to the reason for the invalidation.

 

Neither ACCELERATE Subscriber nor Great Lakes shall be liable in damages to the other for any act,

omission or circumstance occasioned by or in consequence of: any acts of God, strikes, lockouts, acts

of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning,

earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil

disturbances, explosions, breakage or accident to machinery, computer hardware, computer software or

lines of pipe, line freezeups, failure of electronic communication, or the binding order of any court

or governmental authority that has been resisted in good faith by all reasonable legal means, and any

other cause, whether of the kind herein enumerated or otherwise, and whether caused or occasioned by or

happening on account of the act or omission of ACCELERATE Subscriber or Great Lakes or some other person

or concern, not within the control of the claiming party and that by the exercise of due diligence such

party is unable to prevent or overcome. A failure to settle or to prevent any strike or other controversy

with employees or with anyone purporting or seeking to represent employees shall not be considered to be

a matter within the control of the party. Such causes or contingencies affecting the performance of this

agreement by ACCELERATE Subscriber or by Great Lakes shall not relieve it of liability in the event of

its concurring negligence or in the event of its failure to use due diligence to remedy the situation and

remove the cause in an adequate manner and with all reasonable dispatch.