Texas Gas Transmission, LLC
Third Revised Volume No. 1
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Effective Date: 09/15/2008, Docket: RP08-392-000, Status: Effective
Original Sheet No. 5601 Original Sheet No. 5601 TEXAS GAS TRANSMISSION, LLC ELECTRONIC CUSTOMER INTERFACE AGREEMENT (Continued)4. Texas Gas and ECI Customer agree that confidentiality is critical to security. Therefore,ECI Customer agrees to keep, and to cause Administrator and ECI Customer's authorized employees tokeep, all ECI Customer Usernames and passwords confidential and not to disclose the same, eitherseparately or combined, to any person or entity without authority to access the website for ECICustomer. ECI Customer agrees that only Administrator and ECI Customer's authorized employeeswill be given ECI Customer's Usernames and passwords, and that only Administrator and ECICustomer's authorized employees will be permitted to access the website on ECI Customer's behalf.Texas Gas agrees that upon receipt of ECI Customer's Multiple Security Agreement, Customers thatshare employees may designate one Security Administrator for all companies such that ECI Customerwill have one ECI Company Username and password. Likewise, Texas Gas agrees to keep, and to causeits authorized employees to keep, ECI Customer's Usernames and temporary passwords confidentialand not to disclose the same, either separately or combined, to any person or entity withoutauthority to access the website for Texas Gas. ECI Customer agrees to immediately notify TexasGas if it becomes aware that a security breach has or may have occurred with regard to itsauthorized employees that has been on-going or that it has not corrected or is unable to correct.Any use of the website by any person using any of ECI Customer's Usernames and/or passwords shallbe deemed to be used by ECI Customer and ECI Customer agrees to be responsible for and to acceptliability for any such use, whether by authorized or unauthorized persons unless Texas Gas isresponsible for disclosure of the ECI Customer Usernames and/or passwords not in accordance withthis ECI Agreement.5. Texas Gas and ECI Customer agree that it is in their best interests to keep the websitecurrent and to add new or alter existing features and functions from time to time, consistent withFERC regulations and NAESB standards. Texas Gas reserves the right to add new or alter existingwebsite features and functions to better serve its customers which it is able to add, alter andmaintain in a secure manner, and ECI Customer agrees that Texas Gas may add new or alter existingwebsite functions and features in this manner.6. ECI Customer agrees to defend, indemnify and hold harmless Texas Gas, its officers,directors, employees and agents, from and against all claims, demands, damages, losses, cost andexpenses (including court costs and reasonable attorneys' fees) and liabilities of any naturewhatsoever (collectively referred to herein as "Liabilities") arising out of any breach of thisAgreement by ECI Customer or its authorized persons, or the use of the website or the informationcontained therein by ECI Customer, so long as such Liabilities are not the result of negligence,undue discrimination, or willful misconduct on the part of Texas Gas. The parties hereto agreeneither party shall be liable to the other party for any special, indirect or consequentialdamages (including, without limitation, loss of profits or business interruptions) arising out ofor in any manner related to this Agreement, the provision and use of the website and theinformation contained therein. Texas Gas agrees to maintain the website with the same standard ofcare as it maintains its other operations and services, and agrees to notify ECI Customer as soonas it becomes aware of a fault in the website and to correct that fault as soon as practicable andimplement promptly such measures as are needed to mitigate the effects of such fault on the ECICustomer.