Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 51 Original Sheet No. 51 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

2.7 Proprietary and Confidential Nature of Navigator. Columbia Navigator

software and the information contained in Columbia Navigator is proprietary

and confidential. Customer shall not reproduce, disclose, or otherwise make

available Columbia Navigator software, or any confidential information

contained therein, to any other entity or individual. The Columbia

Navigator software is a proprietary product of Seller and is protected by

Copyright Law. As provided at Section 2.10, the data conveyed through the

EBB is not proprietary or confidential by reason of its transmission through

the EBB, and enjoys no greater confidentiality than if communicated through

another medium.

 

2.8 Access Requirements; Operations. Seller's EBB will operate 24 hours

per day, seven days a week, every week of the year. As noted in Section 2.1

above, access to the EBB shall be available to any party (i) that has

compatible electronic equipment, and (ii) that complies with the provisions

of this Tariff and, for electronic contracting purposes, with this Section

and Section 5.7 of the General Terms and Conditions.

 

(a) Equipment. EBB users must have computer equipment, software and

Internet service meeting the minimum standards established by NAESB and

incorporated elsewhere in this Tariff. Seller will operate a toll free

telephone helpline answered 24 hours a day, to provide technical support.

 

(b) Access Procedure. Any party desiring to use Seller's EBB may

arrange to do so by contacting Seller's Navigator Help Desk, making the

request, and providing the name, address, and telephone number of the

company and the designated contact person, and other information as may be

required.

 

2.9 Warranty of Accuracy of Data. All parties using the EBB assume the

responsibility that the data they transmit through the EBB is accurate and

complete. Each such party further agrees that the party receiving data

transmitted through the EBB may act in full reliance upon such data to the

same extent that it could have had the data been delivered by any other

means authorized under any Rate Schedule or Service Agreement.

 

2.10 Confidentiality. All communications received through the EBB, and any

data contained therein, shall be subject to the same requirements of

confidentiality, if any, applicable to such communications had they been

made by any other means permitted under any Rate Schedule or Service

Agreement.