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.