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.