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.