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