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.