Questar Southern Trails Pipeline Company
Original Volume No. 1
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Effective Date: 10/01/2009, Docket: RP09-1028-002, Status: Effective
Second Sub. First Revised Sheet No. 130 Second Sub. First Revised Sheet No. 130
Superseding: Substitute First Revised Sheet No. 130
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 SOUTHERN TRAILS 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 SOUTHERN TRAILS 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 SOUTHERN TRAILS IN ITS OPERATION OF QUESTLINE AND ARE NOT
OTHERWISE AVOIDABLE BY SHIPPER. IN ADDITION, SOUTHERN TRAILS MAY BE LIABLE
FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO THE EXTENT SUCH DAMAGES
ARE CAUSED BY SOUTHERN TRAILS'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 Southern Trails for Shipper's breach of this
Agreement; or
(iii) by Southern Trails according to the procedures set forth in
Section 2.7 of the General Terms and Conditions of Part 1 of
Southern Trails' 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 Southern Trails,
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.