Guardian Pipeline, L.L.C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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