Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 11/01/2009, Docket: RP10-12-000, Status: Pending

Second Revised Sheet No. 309 Second Revised Sheet No. 309

Superseding: Substitute First Revised Sheet No. 309

 

FORM OF INTERACTIVE INTERNET WEBSITE AGREEMENT (cont'd)

 

 

5. Certain information contained in the Interactive Internet Website

is proprietary and confidential. Shipper agrees not to disclose

or otherwise make available confidential information to any other

company, corporation or third party, whether such information is

accessed in an authorized or unauthorized manner. This provision

does not apply to any public information maintained by Transporter

on the Internet Web Site, as such information is available to all

parties.

 

6. Shipper agrees to notify Transporter if there is any indication

that a security breach has occurred with regard to Shipper's

USERIDs and passwords. This includes, but is not limited to (i)

loss of confidentiality of USERIDs and passwords; (ii) termination

of employment of any authorized person; or (iii) loss of authority

to access the Interactive Internet Website by any authorized

person. Such notification shall be made to Transporter's

Transportation Services Department immediately by telephone and

shall be followed by written notification within five (5) Business

Days.

 

7. Shipper agrees to attempt to access only that data for which

Shipper has authorization. All access attempts, whether

successful or unsuccessful, are recorded.

 

8. Transporter shall operate its Interactive Internet Website in a

prudent manner. Except for the negligence, fraud, or willful

misconduct of Transporter, Transporter expressly disclaims

liability for loss or damage resulting from Shipper's actions or

breach of this Agreement, events of Force Majeure, any defects in

computer software, hardware, or programming, or any interruption

in or malfunction of electronic communication or transmission.

Shipper agrees to defend, indemnify and hold harmless Transporter,

its affiliates and members and their respective officers,

directors, employees and agents, from and against all claims,

demands, damages, losses, costs and expenses (including court

costs and reasonable attorney's fees) and liabilities of any

nature whatsoever (collectively referred to herein as

"Liabilities") arising out of any breach of this Agreement by

Shipper or its authorized persons, or the use of the Interactive

Internet Website or the information contained therein by Shipper

or its authorized persons, to the extent, such Liabilities are not

the direct result of the negligence,