UGI LNG, Inc

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective

Original Sheet No. 69 Original Sheet No. 69

 

introduced as evidence on paper in any judicial, arbitration,

mediation or administrative proceedings, will be admissible as

between the parties to the Company's EBB Service Agreement

to the same extent and under the same conditions as other

business records originated and maintained in documentary

form. Neither party shall contest the admissibility of

copies of Signed Agreements under either the business records

exception to the hearsay rule or the best evidence rule on

the basis that the Signed Agreements were not originated

or maintained in documentary form.

 

21.4 Ownership of Service and Data

 

Company is the exclusive proprietor of the programming

which generates Company's EBB and of all the copyrights

and proprietary interests therein, except insofar as any

third party possesses a copyright or proprietary interest

in such materials. A Company's EBB subscriber will not

by virtue of this Section or the executed Company's

EBB Service Agreement acquire any proprietary interests

in the software which generates Company's EBB or in the files,

information, or data displayed on Company's EBB.

 

21.5 Liability for Use of Company's EBB

 

A Company's EBB subscriber assumes sole responsibility for use

of Company's EBB and the files and the information displayed on

Company's EBB and hereby indemnifies and holds Company

harmless against any liability or claim of any person that is

attributable to improper use by the Company's EBB subscriber

of Company's EBB or of the files and the information

displayed on Company's EBB. Except as may result from the

negligent action or willful misconduct of Company, Company

shall have no responsibility to Company's EBB subscribers or

to any third party for faulty retrieval, failure of

retrieval, or loss of research, and in no event will

Company be liable to a Company's EBB subscriber or to

any third party for actual, consequential, exemplary, or

special damages resulting, in whole or in part, from

the Company's EBB subscriber's use of Company's EBB and the

files of and the information displayed on Company's EBB.

If a Company's EBB subscriber requests and receives

assistance from Company's employees, such assistance will

be at the Company's EBB subscriber's sole risk and Company

will not have any responsibility or liability arising therefrom,

except as may arise from the negligent action or willful

misconduct of Company.