Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

Original Sheet No. 192I Original Sheet No. 192I

 

GENERAL TERMS AND CONDITIONS (continued)

 

(e) Agent is authorized to act on behalf of LINK® System

Subscriber under any or all of LINK® System Subscriber's

Service Agreements with Transporter as such Service

Agreements are effective from time to time, or with respect

to any or all meter locations as available from time to

time, respectively, as specified in the Designation of

Agency information, until LINK® System Subscriber properly

notifies Transporter that the agency relationship is

terminated or superseded in accordance with Section 34.6(d).

The designation of an Agent by a LINK® System Subscriber

does not provide for an assignment of the rights and

obligations of any Service Agreement between Transporter and

LINK® System Subscriber.

 

34.7 Liability

 

(a) Transporter shall not be liable to LINK® System Subscriber

nor any other party in damages for any act, omission or

circumstance related to the LINK® System occasioned by or in

consequence of an event of Force Majeure as defined in

Section 11 of these General Terms and Conditions, that is

not within the control of Transporter and which by the

exercise of due diligence Transporter is unable to prevent

or overcome. To the extent the information displayed on the

LINK® System is originated solely by Transporter and such

information is subsequently determined to be inaccurate,

LINK® System Subscriber shall not be subject to any

penalties otherwise collectable by Transporter based on

Shipper conduct attributable to such inaccuracy during the

period the inaccurate information was displayed on the LINK®

System.

 

(b) LINK® System Subscriber shall defend, indemnify and hold

harmless Transporter from and against any and all claims,

demands and/or actions, and/or any and all resulting loss,

costs, damages, and/or expenses (including court costs and

reasonable attorney's fees) of any nature whatsoever, that

may be asserted against or imposed upon Transporter by any

party as a result of the unauthorized or otherwise improper

use of any USERID and/or password issued to or by LINK®

System Subscriber and/or Local Security Administrator or any

other unauthorized or improper use of the LINK® System by

any LINK® System User or LINK® System Subscriber unless such

improper use is the result of Transporter's negligence or

willful misconduct, including, but not limited to,

distribution of USERIDs or passwords to persons that are not

employed by, or agents or affiliates of, LINK® System

Subscriber.