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.