Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/07/2008, Docket: RP08-113-000, Status: Effective
Second Revised Sheet No. 214C Second Revised Sheet No. 214C : Effective
Superseding: First Revised Sheet No. 214C
GENERAL TERMS AND CONDITIONS
(continued)
2. ELECTRONIC COMMUNICATION (continued)
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.
2.8 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 Sections 8 and 10
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.
2.9. 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.