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.