Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/2004, Docket: RP04-432-000, Status: Effective

Second Revised Sheet No. 382 Second Revised Sheet No. 382 : Effective

Superseding: First Revised Sheet No. 382

 

MASTER ELECTRONIC TRANSACTION AGREEMENT

(Continued)

 

 

5. Unless otherwise agreed between the Parties, an electronic

record or communication is received when:

 

a. it enters an information processing system that the

recipient has designated or uses for the purpose of receiving electronic

records or information of the type sent and from which the recipient is

able to retrieve the electronic record; and

 

b. it is in a form capable of being processed by that

system.

 

B. The Customer agrees to comply with all directives, rules,

regulations and requirements of Guardian (the "Directives") regarding

the types transactions which may be conducted by electronic means or

through the interaction of electronic agents as well as the technology

to be used. Such Directives may address eligible transactions,

communication protocols, methods of electronic communication,

encryption, use of digital signatures, security, confidentiality,

authentication and other subjects related to electronic means.

 

C. At any time, either Party may refuse to conduct further

transactions by electronic means.

 

III. Disclaimer of Warranties and Limitation of Damages

 

A. Customer agrees there are no representations or warranties,

express or implied, that might arise in connection with this Agreement,

the use of electronic means or electronic agents, any technical advice

or information provided by Guardian or Customer's use of Guardian's

computer, Internet or communication facilities or systems.

Additionally, GUARDIAN DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE.

 

B. Customer assumes all risks of loss or liability arising out of

this Agreement and hereby agrees to hold harmless and indemnify Guardian

from and against all claims, demands and causes of action (as well as

all liabilities, costs, judgments or expenses incurred by Guardian)

brought by third parties based upon this Agreement, the use of

electronic means or electronic agents, any technical advice or