Vector Pipeline L.P.

Original Volume No. 1

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Effective Date: 06/01/2010, Docket: RP10-678-000, Status: Effective

Second Revised Sheet No. 260 Second Revised Sheet No. 260

Superseding: Substitute First Revised Sheet No. 260

 

2.2.8 Transporter shall at all times use due diligence to protect the

confidentiality of Subscriber's use of and information contained in Secured

Transactions on QuickNom™.

 

2.3 Other Terms and Conditions

 

2.3.1 Transporter may change, suspend or discontinue any aspect of QuickNom™

at any time, including the availability of any feature, database, or content.

Transporter may also impose limits on certain features and services or

restrict Subscriber access to parts or all of QuickNom™ without notice or

liability. Transporter shall provide prompt notice to Subscriber of any

change, suspension or discontinuance.

 

2.3.2 Transporter may, in its sole discretion, terminate or suspend

Subscriber's access to all or part of QuickNom™ for any reason, including,

without limitation, breach of the Subscriber Agreement, or assignment of the

Subscriber Agreement by Subscriber without the express written consent of

Transporter. Transporter shall provide prompt notice to Subscriber of any

termination or suspension.

 

2.3.3 Neither party shall be liable for any failure to perform its obligations

in connection with this Agreement, where such failure results from any act of

God or other cause beyond such party's reasonable control (including, without

limitation, any mechanical, electronic or communications failure) which

prevents such party from transmitting or receiving any information and which,

by the exercise of due diligence, such party is unable to prevent or overcome.

 

2.3.4 Unless otherwise specifically provided in this Agreement, Transporter

shall not be liable to Subscriber nor to any third party for:

 

[A] any direct, indirect, incidental, special, punitive or consequential

losses or damages, including loss of profits, loss of earnings and loss of

business opportunities resulting from Subscriber's use of QuickNom™; and

 

[B] any losses, claims, damages, expenses, liabilities or costs (including

legal fees) resulting from any claim that Subscriber's use of QuickNom™

infringes the copyright, patent, trademark, trade secret, confidentiality,

privacy, or other industrial or intellectual property rights or contractual

rights of any third party.

 

These limits apply to any act or omission of Transporter, its employees or

agents, whether or not such acts or omissions would otherwise be a cause of

action in contract, tort or any other doctrine of law, except where such acts

or omissions constitute willful misconduct.