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.