Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective
Original Sheet No. 97 Original Sheet No. 97
GENERAL TERMS AND CONDITIONS
(Continued)
(7) Entire Agreement. The Electronic Contracting Agreement, the
documents incorporated therein by reference, and the Documents
transmitted pursuant to the Electronic Contracting Agreement shall (i)
constitute the complete agreement of the parties relating to the matters
specified in the Electronic Contracting Agreement, and (ii) supersede
all prior representations or agreements, whether oral or written, with
respect to such matters. No oral modification or waiver of any of the
provisions of the Electronic Contracting Agreement shall be binding on
either party. No modification of or supplement to the terms and
provisions of the Electronic Contracting Agreement shall be effective
unless it is in a paper writing signed in original handwriting by the
parties. No obligation to enter into any Transaction is to be implied
from the execution or delivery of the Electronic Contracting Agreement.
The Electronic Contracting Agreement is for the benefit of, and shall be
binding upon, the parties and their respective successors and assigns.
(m) Limitation of Damages.
(1) Neither party shall be liable to the other for any special,
incidental, exemplary or consequential damages arising from or as a
result of any delay, omission or error in the electronic transmission or
receipt of any Documents pursuant to the Electronic Contracting
Agreement, even if either party has been advised of the possibility of
such damages.
(2) Shipper or any other party with access to Transporter's EBB
shall defend and indemnify Transporter from and against any and all
claims, demands and actions, and any resulting loss, costs, damages and
expenses (including court costs and reasonable attorney fees) that may
be asserted against or imposed upon Transporter by any person or entity
as a result of the unauthorized or otherwise improper use of any User
Identification or Password issued by Transporter to that Shipper or
other party.