Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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Effective Date: 12/31/2000, Docket: GT01- 6-000, Status: Effective

Original Sheet No. 4801 Original Sheet No. 4801 : Effective

 

 

6. Customer agrees to protect, indemnify and hold Gulf South harmless from any and all

damages, losses and liabilities arising out of any breach of confidentiality with respect

to the assignment of USERIDS to Customer's authorized employees, use of USERIDS by

Customer's authorized employees, use by a former authorized person, or use by any

unauthorized person who gained knowledge of Customer's USERIDS; in such connection.

Customer will also defend Gulf South at Customer's expense, if requested by Gulf South,

or, at Gulf South's election, will pay all expenses, fees and other costs (which shall

include, but not be limited to, attorneys' fees) as accrued by Gulf South in its own

defense except in those instances where the damages, losses and liability arise as a

result of Gulf South's negligence or willful misconduct.

 

7. Customer understands and agrees that Gulf South may act, or decline to act, and shall be

fully protected by Customer in acting, or declining to act, in reliance upon any acts or

things done or performed by Customer in respect to all matters conducted via the Internet

Web Site while using USERIDS. Customer shall hold Gulf South harmless, and shall release

Gulf South from, any liability arising from or caused by any act, omission or failure by

Customer to act or perform any duty required by a function accessed through USERIDS.

Provided, however, Customer shall not be required to indemnify Gulf South for damage

arising from any Gulf South's negligence or willful misconduct.

 

8. Customer understands and agrees that Gulf South shall not be responsible for any omission

or failure by Gulf South to act or perform any duty requested by a function accessed

through USERIDS if such omission or failure to act is caused by or related to data lost

in the transmission of such data from Customer's to Gulf South's computer system, power

failures, failure of backup systems or any other event beyond the reasonable control of

Gulf South, in whole or in part, except when such omission or failure occurs because of

Gulf South's negligence or willful misconduct.

 

9. Customer is advised that Gulf South verifies and confirms gas flows on its pipeline

system and that the Protected Data includes display of this gas flow confirmation path

information. Customer shall at all times defend, indemnify and hold Gulf South harmless

from any liability resulting from Customer's use of the Protected Data via the public

Internet, except when the liability results from the Customer's use of information that

was posted due to Gulf South's negligence or willful misconduct.

 

10. Gulf South reserves the right to terminate Customer's USERIDS in the event Customer does

not comply with any of the provisions in this Agreement.

 

11. All notice which one party desires to give to the other shall be sent certified mail,

return receipt requested, or shall be telecopied (and receipt confirmed) or e-mailed to

the addresses and personnel cited on Exhibit "A". Either party may change any of the

information provided for purpose of notification upon five (5) days' prior written notice

to the other party.

 

12. This Agreement is at all time subject to, and qualified in all respects by, Gulf South's

Tariff filed with the Federal Energy Regulatory Commission, including all Rate Schedules,

General Terms and Conditions and form agreements which are part thereof, and to Gulf

South's internal operating procedures and regulations, as they may be amended from time

to time.