Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-352-001, Status: Effective

Original Sheet No. 226C Original Sheet No. 226C : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

 

8. ELECTRONIC COMMUNICATION MECHANISMS (Continued)

 

8.3.1 File Transfer will be available on a 24-hour basis.

 

8.3.2 The File Transfer mechanism will permit Shippers to

electronically transfer data for purposes of submitting

nominations in accordance with Section 9 of these

General Terms and Conditions. Transporter shall

maintain and retain daily back-up records of the

information submitted via the File Transfer mechanism

for two (2) years and permit Shippers to review those

records, which will be archived and reasonably

accessible to Shippers after submission of a written

request to Transporter to review same.

 

8.3.3 The information to be transmitted via the File Transfer

mechanism will be for purposes of Shipper submitting

nominations to Transporter and Transporter issuing a

quick response to Shipper.

 

8.3.4 Transporter will monitor performance of the File

Transfer mechanism and will arrange for enhancements as

conditions warrant.

 

8.3.5 Shipper(s) utilizing Transporter's File Transfer

mechanism assumes sole responsibility for all use of

the File Transfer mechanism and the files of and the

information transacted via the File Transfer mechanism

and hereby agrees to indemnify and hold Transporter

harmless against any liability or claim of any person

that is attributable to improper use by Shipper(s).

Except for the negligence, bad faith, fraud or willful

misconduct of Transporter, Transporter shall have no

responsibility to Shipper(s) utilizing the File

Transfer mechanism for failure of transmittal, 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 File Transfer

mechanism and the files of and the information

transacted via the File Transfer mechanism. If the

Shipper(s) requests and receives assistance from

Transporter's employees, such assistance will be at

Shipper(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.