UGI LNG, Inc
Original Volume No. 1
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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.