Guardian Pipeline, L.L.C.
Original Volume No. 1
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Effective Date: 06/01/2005, Docket: RP05-278-000, Status: Effective
First Revised Sheet No. 394 First Revised Sheet No. 394 : Effective
Superseding: Original Sheet No. 394
ELECTRONIC COMMUNICATION AGREEMENT
(Continued)
2. Except for the restricted right to utilize the System provided
herein, Customer is granted no rights under the System. Customer
shall not copy the System or use the System to prepare derivative
works. Customer shall properly utilize the System in accordance
with Company's instructions, shall make no effort to improperly
access the network or the computers on which the System is
operating, and shall make no effort to reverse-engineer the System.
3. It is Customer's responsibility to check the daily schedule, which
shall be available prior to gas flowing, to assure that Customer's
nominations have been correctly transmitted and received by Company.
Any discrepancy discovered or which would have been discovered by
Customer review of the daily schedule shall be the reporting
responsibility of Customer prior to gas flow. It is Customer's
responsibility to check any data input by Customer. Any discrepancy
discovered or which would have been discovered by Customer review
shall be the responsibility of Customer. Customer acknowledges that
Company continues to maintain alternative methods of communicating
gas nominations and is aware of those methods; in the event the
System is not accessible for any reason, Customer agrees to utilize
one of the alternative methods of communicating with Company.
4. Customer is being allowed to utilize the System solely for
Customer's convenience. Thus, Customer's use of the System is "AS
IS, WHERE IS," and with all faults. Customer agrees there are no
representations or warranties, express or implied, that might arise
in connection with this Agreement or Customer's use of the System.
Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Customer agrees Company shall
have no liability whatsoever, whether in contract or tort, for any
losses sustained as a result of failures or deficiencies in the
System. In no event shall Company be liable for any failures or
deficiencies in the System. In no event shall Company be liable for
any incidental, consequential, special or punitive damages arising
out of or in connection with the delivery, use or performance of the
System. Customer assumes all risks of loss or liability arising out
of its use of the System and hereby agrees to hold harmless and
indemnify Company from and against all claims, demands and causes of
action (as well as all liabilities, costs, judgments or expenses