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