Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 06/02/2006, Docket: RP06-344-000, Status: Effective

Third Revised Sheet No. 226B Third Revised Sheet No. 226B : Effective

Superseding: Second Revised Sheet No. 226B

GENERAL TERMS AND CONDITIONS (Continued)

 

8. ELECTRONIC COMMUNICATION MECHANISMS (Continued)

 

hereby agrees to indemnify and hold Transporter harmless against

any liability or claim of any person that is attributable to

improper use by such interested party. Except for the negligence,

bad faith, fraud or willful misconduct of Transporter, Transporter

shall have no responsibility to interested party utilizing the EDI

mechanism for faulty retrieval, failure of retrieval, or loss of

research, and in no event will Transporter be liable for actual,

consequential, exemplary, or special damages resulting, in whole

or in part, from use of the EDI mechanism and the files of and the

information transacted via the EDI mechanism. If the interested

party requests and receives assistance from Transporter's

employees, such assistance will be at the interested party's risk

and Transporter will not have any responsibility or liability

arising therefrom, except for the negligence, bad faith, fraud or

willful misconduct of Transporter. To the extent the information

transacted via the EDI mechanism is originated solely by

Transporter and such information is subsequently determined to be

inaccurate, the Shipper(s) or potential Shipper(s) shall not be

subject to any penalties otherwise collectible by Transporter

based on Shipper conduct attributable to such inaccuracy during

the period the inaccurate information was transacted via the EDI

mechanism.

 

8.3 File Transfer

 

Transporter has established a File Transfer mechanism for use by any

Shipper for purposes of transmitting nominations to Transporter. The

transmittal of nominations via the File Transfer mechanism shall be

available to any Shipper that has compatible equipment for electronic

transmission of data, provided that such Shipper agrees to comply with

any procedures for access or use that may hereinafter be established for

File Transfer. A File Transfer Form for Shipper's use in transmitting

nominations via Transporter's File Transfer mechanism can be found on

Transporter's Website at ebb.wbip.com.