Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 10/01/1999, Docket: RP99-466-000, Status: Effective

Original Sheet No. 50G Original Sheet No. 50G : Superseded

 

 

GENERAL TERMS AND CONDITIONS

____________________________

(continued)

 

 

The ACCELERATE Subscriber shall designate one or more Authorized Personnel (Designated

Personnel) who are additionally authorized: (1) to nominate under ACCELERATE Subscriber's

existing service agreements under any of Great Lakes' rate schedules; and/or (2) to perform the

following functions upon ACCELERATE under Great Lakes' capacity release program: (a) place

notices upon ACCELERATE to acquire capacity, (b) place notices upon ACCELERATE to release capacity,

or (c) place binding bids to acquire capacity; any of which will legally bind ACCELERATE

Subscriber to any nomination, to any notice of capacity release, or to any bid for capacity.

The ACCELERATE Subscriber may also designate one or more Authorized Personnel who are authorized

to execute the applicable Award Acknowledgement form through ACCELERATE for temporary capacity

release transactions awarded through Great Lakes' capacity release program and thereby legally

bind Subscriber to such executed Award Acknowledgement. Such individual shall be provided with a

second and distinct password for performing the contracting function. Great Lakes shall be

entitled to rely upon 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.