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.