Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-98-000, Status: Effective

Second Revised Sheet No. 512C Second Revised Sheet No. 512C

Superseding: First Revised Sheet No. 512C

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

2.9 Liability

 

(a) Pipeline shall not be liable to LINK® System Subscriber nor any other party in

damages for any act, omission or circumstance related to the LINK® System

occasioned by or in consequence of an event of Force Majeure as defined in

Section 17 of these General Terms and Conditions, that is not within the control

of Pipeline and which by the exercise of due diligence Pipeline is unable to

prevent or overcome. To the extent the information displayed on the LINK® System

is originated solely by Pipeline and such information is subsequently determined

to be inaccurate, LINK® System Subscriber shall not be subject to any penalties

otherwise collectable by Pipeline based on Customer conduct attributable to such

inaccuracy during the period the inaccurate information was displayed on the

LINK® System.

 

(b) LINK® System Subscriber shall defend, indemnify and hold harmless Pipeline from

and against any and all claims, demands and/or actions, and/or any and all

resulting loss, costs, damages, and/or expenses (including court costs and

reasonable attorney's fees) of any nature whatsoever, that may be asserted

against or imposed upon Pipeline by any party as a result of the unauthorized or

otherwise improper use of any USERID and/or password issued to or by LINK® System

Subscriber and/or Local Security Administrator or any other unauthorized or

improper use of the LINK® System by any LINK® System User or LINK® System

Subscriber unless such improper use is the result of Pipeline's negligence or

willful misconduct, including, but not limited to, distribution of USERIDs or

passwords to persons that are not employed by, or agents or affiliates of, LINK®

System Subscriber.

 

2.10 Electronic Mail (E-mail) Notification. For system-wide notices of general

applicability, any provisions of this FERC Gas Tariff requiring that these matters be

written or in writing are satisfied by Pipeline utilizing electronic transmission

through the LINK® System in accordance with the procedures for utilization of the LINK®

System or through electronic data interchange as provided for in Commission-approved or

permitted data sets. Critical system-wide notices will be in a separate category from

notices that are not critical. Pipeline will use electronic mail (e-mail) in order to

facilitate certain notifications to Customers as required by this FERC Gas Tariff.

Customer shall provide Pipeline with at least one e-mail address to which these

notifications can be sent, and shall be responsible for updating such information as

necessary. In addition to the requirement specified in Section 4 of these General Terms

and Conditions to post notices on the LINK® System, Pipeline shall provide such

notifications via e-mail communication to those Customers that have provided such e-mail

address information and have requested, via the LINK® System, e-mail notification of

critical notices issued by Pipeline. Customer shall be responsible for providing

accurate e-mail notification information to Pipeline, including timely updates to such

information as necessary. All other provisions, including service agreement-specific

notices, requiring items or information to be written or in writing remain unchanged

unless otherwise agreed by Pipeline and Customer.

 

2.11 Rights to LINK® System. Pipeline or an affiliate of Pipeline is the exclusive

proprietor of the programming that generates the LINK® System and of all the copyrights

and proprietary interests therein, except insofar as any third party (whose materials

are made available in the files of the LINK® System under license to Pipeline or an

affiliate of Pipeline) possesses a copyright or proprietary interest in such materials,

but not of the files of and the information displayed on the LINK® System. A LINK®

System Subscriber will not by virtue of this Section 2 or the executed LINK® System

Agreement acquire any proprietary interests in the programming that generates the LINK®

System. As part of Pipeline's continuing development of the LINK® System, third parties

may desire to acquire rights to certain parts of the programming. Pipeline will attempt

to accommodate, when appropriate, requests by LINK® System Subscribers to license these

rights for use in the LINK® System.