Questar Overthrust Pipeline Company
Second Revised Volume No. 1-A
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Effective Date: 10/01/2009, Docket: RP09-1029-003, Status: Effective
Third Substitute First Revised Sheet No. 211 Third Substitute First Revised Sheet No. 211
Superseding: Second Sub. First Revised Sheet No. 211
QUESTLINE ACCESS AGREEMENT
(Continued)
INTEGRATION. SUBJECT TO THE PROVISIONS OF SECTION 16, SHIPPER ASSUMES ALL
RISK AS TO THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, QUALITY, AND
PERFORMANCE OF QUESTLINE AND ITS CONTENTS, INCLUDING ALL LIABILITY ARISING
FROM ACCESS TO QUESTLINE THROUGH SHIPPER. THIS PARAGRAPH WILL SURVIVE
TERMINATION OF THIS AGREEMENT.
16. NEITHER OVERTHRUST NOR ANY OF ITS PARENT COMPANY(S), AFFILIATES,
OR SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR
AGENTS, SHALL BE LIABLE TO SHIPPER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS
OR DAMAGES OF ANY KIND ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH
SHIPPER'S USE, INABILITY TO USE, OR RELIANCE ON QUESTLINE OR ITS CONTENTS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE
FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT,
EXCEPT THAT, SUBJECT TO SHIPPER'S OBLIGATION PURSUANT TO APPLICABLE LAW TO
AVOID OR MITIGATE DAMAGES, OVERTHRUST MAY BE HELD LIABLE TO SHIPPER (A) FOR
SHIPPER'S DIRECT DAMAGES FROM THE USE OF OR INABILITY TO USE QUESTLINE TO THE
EXTENT SUCH DAMAGES ARE CAUSED BY THE NEGLIGENCE OF OVERTHRUST IN ITS
OPERATION OF QUESTLINE OR (B) FOR SHIPPER'S DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FROM THE USE OF OR INABILITY TO USE QUESTLINE TO THE
EXTENT SUCH DAMAGES ARE CAUSED BY OVERTHRUST'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT IN ITS OPERATION OF QUESTLINE. OVERTHRUST WILL NOT BE LIABLE TO
SHIPPER FOR INPUTS OR ACTIONS OF THIRD PARTIES. THIS PARAGRAPH SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
17. (a) This Agreement shall commence on the date first written
above and remain in full force and effect until terminated:
(i) by either Party for its convenience upon one day's written
notice to the other Party;
(ii) immediately by Overthrust for Shipper's breach of this
Agreement; or
(iii) by Overthrust according to the procedures set forth in
Section 2.7 of the General Terms and Conditions of Part 1 of
Overthrust's Tariff.
(b) Upon termination of this Agreement, Shipper shall
immediately discontinue access to and all use of Questline and its contents.
Shipper shall also destroy any documents, in whatever medium those documents
exist, that contain any Confidential Information of Overthrust, including
without limitation logon, password, or other controlled access information,
and shall not retain any copes of such documents.
18. All notices concerning this Agreement, other than the day-to-day
communications between the Parties, shall be in writing and shall be sent to
the relevant address set forth below. The Parties may designate other
addressees or addresses by notice to the other Party. A notice shall be
deemed effective (a) when given by hand delivery; (b) three days after deposit