Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 04/01/2007, Docket: RP07-316-000, Status: Effective

Fifth Revised Sheet No. 142 Fifth Revised Sheet No. 142 : Effective

Superseding: Fourth Revised Sheet No. 142

 

ELECTRONIC COMMUNICATION AGREEMENT

 

 

4. Customer is being allowed to utilize the System solely for Customer's convenience.

Thus, Customer's use of the System is "AS IS, WHERE IS," and with all faults.

Customer agrees there are no representations or warranties, express or implied, that

might arise in connection with this Agreement or Customer's use of the System.

Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. Customer agrees Company shall have no liability whatsoever,

whether in contract or tort, for any losses sustained as a result of failures or

deficiencies in the System. In no event shall Company be liable for any failures or

deficiencies in the System. In no event shall Company be liable for any incidental,

consequential, special or punitive damages arising out of or in connection with the

delivery, use or performance of the System. Customer assumes all risks of loss or

liability arising out of its use of the System and hereby agrees to hold harmless and

indemnify Company from and against all claims, demands and causes of action (as well

as all liabilities, costs, judgments or expenses incurred by Company) brought by third

parties based upon, arising out of or resulting from Customer's use of the System,

except that Company will remain liable for its own gross negligence or willful

misconduct. All claims arising from and out of the terms of this Agreement shall be

limited to the assets of the Company.

 

5. Both Customer and Company shall have the right to terminate this Agreement at any time

for any reason whatsoever, with or without cause. Company shall have the right to

modify or terminate its Telecommunications Network and/or Customer's right to use the

System at any time. Company also reserves the right to invalidate ID Codes and

Passwords for cause and shall provide reasonable notice of such invalidation. Upon

termination of this Agreement or upon request by Company, Customer shall thereafter

immediately cease all use of the System.

 

6. This Agreement is personal to Customer and may not be assigned, licensed or

transferred (except as part of the sale of the assets of Customer's business to which

this Agreement relates) by Customer without the express written consent of Company.

 

7. There are other written agreements in place between the Parties and this Agreement

shall not cancel or supersede those other agreements except to the extent inconsistent

with the specific terms and conditions hereof pertaining to the System. However, the

terms and provisions of this Agreement do supersede any oral representations between

the Parties or any conflicting terms and conditions in any other agreement with regard

to the subject matter of this Agreement. This Agreement contains the entire agreement

between the Parties with respect to the subject matter hereof and shall not be

modified except by written instrument duly executed by both Parties. This Agreement

shall be governed and construed in accordance with the laws of the STATE OF OKLAHOMA,

excluding any conflicts of law, rule or principle that might refer same to the laws of

another jurisdiction.