Questar Pipeline Company

First Revised Volume No. 1

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Effective Date: 10/01/2009, Docket: RP09-1030-002, Status: Effective

Second Sub. Fourth Revised Sheet No. 202 Second Sub. Fourth Revised Sheet No. 202

Superseding: Sub. Fourth Revised Sheet No. 202

 

QUESTLINE ACCESS AGREEMENT

(Continued)

 

INTEGRATION. SHIPPER ASSUMES ALL RISK AS TO THE ACCURACY, COMPLETENESS,

SECURITY, AVAILABILITY, QUALITY, AND PERFORMANCE OF QUESTLINE AND ITS

CONTENTS, INCLUDING ALL LIABILITY ARISING FROM ACCESS TO QUESTLINE BY THIRD

PARTIES THROUGH SHIPPER. This paragraph shall survive termination of this

Agreement.

 

16. NIETHER QUESTAR NOR ANY OF ITS PARENT COMPANY(S), AFFILIATES, OR

SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS,

SHALL BE LIABLE TO SHIPPER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR

DAMAGES OF ANY KIND ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH

SHIPPER'S USE, INABILITY TO USE, OR RELIANCE ON QUESTLINE OR ITS CONTENTS,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE

FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT,

EXCEPT QUESTAR MAY BE HELD LIABLE TO SHIPPER FOR SHIPPER'S DIRECT DAMAGES FROM

THE USE OF QUESTLINE TO THE EXTENT SUCH DAMAGES ARE CAUSED BY THE NEGLIGENCE

OF QUESTAR IN ITS OPERATION OF QUESTLINE AND ARE NOT OTHERWISE AVOIDABLE BY

SHIPPER. IN ADDITION, QUESTAR MAY BE LIABLE FOR INDIRECT, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES TO THE EXTENT SUCH DAMAGES ARE CAUSED BY QUESTAR'S GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT OPERATING QUESTLINE AND ARE NOT AVOIDABLE BY

SHIPPER. This paragraph shall survive termination of this Agreement.

 

17. (a) This Agreement shall commence on the date first written

above and remain in full force and effect until terminated:

 

(i) by either Party for its convenience upon one day's written

notice to the other Party;

(ii) immediately by Questar for Shipper's breach of this

Agreement; or

(iii) by Questar according to the procedures set forth in Section

2.7 of the General Terms and Conditions of Part 1 of

Questar's Tariff.

 

(b) Upon termination of this Agreement, Shipper shall

immediately discontinue access to and all use of Questline and its contents.

Shipper shall also destroy any documents, in whatever medium those documents

exist, that contain any Confidential Information of Questar, including without

limitation logon, password, or other controlled access information, and shall

not retain any copes of such documents

 

18. All notices concerning this Agreement, other than the day-to-day

communications between the Parties, shall be in writing and shall be sent to

the relevant address set forth below. The Parties may designate other

addressees or addresses by notice to the other Party. A notice shall be

deemed effective (a) when given by hand delivery; (b) three days after deposit

into the U.S. mail, postage prepaid; or (c) one business day after deposit

with commercial overnight delivery service, charges prepaid.