Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 10/01/2002, Docket: RP02-472-000, Status: Effective

Sixth Revised Sheet No. 39B Sixth Revised Sheet No. 39B : Effective

Superseding: Fifth Revised Sheet No. 39B

8. Transporter, on the effective date of and pursuant to Article XXXIII

of the General Terms and Conditions, will post on the IPP for a

reasonable time the price, terms and conditions, and names of the parties to

all capacity release and assignment agreements existing on that date. All

firm capacity holders who have executed such agreements prior to that date

must provide such information to the Transporter for posting on the IPP

. Such posting is to make those agreements public and not to prompt

potential shippers to submit a bid for such capacity. On time stamping shall

be in accordance with NAESB Standard 4.3.2, 4.3.9, and 4.3.10.

 

9. Transporter will provide access to an on-line, read-only copy of its

currently effective FERC Gas Tariff, including the General Terms and

Conditions via the IPP .

 

10. Any provisions of this FERC Gas Tariff requiring that these matters

be written or in writing are satisfied by either Shipper or Transporter

utilizing electronic transmission through the IPP in accordance with

the procedures for utilization of the IPP when subsequently verified by

a timely signed writing. All other provisions requiring items or information

to be written or in writing remain unchanged.

 

11. In order to access Transporters' Customer Activities Web Page

("CAWP")

Shipper must contact Transporter. If requested, Transporter will provide the

address,

telephone number, and user fees of Transporter's CAWP service provider.

 

12. Transporter is the exclusive proprietor of the CAWP and of all

the copy rights and proprietary interests therein, except insofar as any third

party possesses a copyright or proprietary interest in such materials.

Shipper will not be virtue of this Article or the executed CAWP Agreement

acquire any proprietary interests in the CAWP or its files. Although

Transporter is not the proprietor of certain data and information contained in

the files of the CAWP, Shipper will use the CAWP for research purposes

only and will not publish, broadcast, sell, or use any material received from

the CAWP in any manner of fashion that may infringe any copyrights or

proprietary interests Transporter or any third party may have in the CAWP and

materials included therein.

 

13. Shipper assumes sole responsibility for all use of the CAWP and/or

IPP and hereby indemnifies and holds Transporter harmless against any liability

or claim of any person that is attributed to improper use of the CAWP/IPP by

Shipper. In no event will Transporter be liable to Shipper for consequential,

exemplary, or special damages resulting, in whole or in part, from Shipper's

use of the CAWP/IPP .

 

14. Transporter employees are not authorized to assist Shipper in framing

a research request. If, notwithstanding the foregoing, a Shipper requests

and/or receives assistance from Transporter employees in framing a search

request, such assistance will be at Shipper's risk and Transporter will not

have any responsibility or liability arising therefrom. For the purposes of

this Article, "framing a search request" shall mean the process by

which a Shipper identifies the research problem, selects the words, phrases

or numbers to be searched upon, and determines the relationship to

each other of such words, phrases, and numbers and the order in which

they are to be submitted.