Kinder Morgan Interstate Gas Transmission LLC

Fourth Revised Volume No. 1-B

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Effective Date: 06/17/2001, Docket: RP01-422-000, Status: Effective

Second Revised Sheet No. 94 Second Revised Sheet No. 94 : Effective

Superseding: Original Sheet No. 94

GENERAL TERMS AND CONDITIONS - continued

 

38.11 INDEMNITY

 

Each Subscriber shall indemnify Transporter and hold Transporter

harmless for all damages, losses and liabilities arising out of:

 

(a) Subscriber's or its employees' or agents' breach of any of

Subscriber's obligations under this Section 38, including any breach of

confidentiality with respect to the assignment of logon(s) or

password(s) to Subscriber's authorized employees and agents and any

unauthorized use by a formerly authorized person or by any unauthorized

person who gained knowledge of Subscriber's logon(s) and password(s)

through no fault of Transporter;

 

(b) any omission or failure by Subscriber's employees or agents

to act or perform any duty required by a web site function; and

 

(c) any action taken by Subscriber, its employees or agents, its

former authorized employees and agents or unauthorized persons who

gained knowledge of Subscriber's logon(s) and password(s) through no

fault of Transporter, which interferes with the proper operation of this

web site.

 

Notwithstanding the foregoing, neither Transporter nor Subscriber

shall be liable to the other if an unauthorized user gains access to

this web site through no fault of either Transporter or Subscriber.

 

38.12 LIMITS OF RESPONSIBILITY

 

Transporter shall not be responsible for an omission or failure by

Transporter to act or perform any duty requested by a function accessed

via this web site if such omission or failure to act is caused by or

related to data lost in the transmission of such data from Subscriber's

to Transporter's computer system, power failures, failure of backup

systems, or any other event beyond the reasonable control of

Transporter.

 

38.13 RESERVATION

 

Transporter reserves the right to add, modify or terminate web

site functions at any time subject to compliance with Commission

Regulations.

 

38.14 AGREEMENT BY NON-SHIPPER

 

Any Subscriber who is not a Shipper will be required to sign an

agreement with Transporter pursuant to which the Subscriber agrees to be

bound by the provisions of this Section.