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. 52 Original Sheet No. 52 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

2.11 Maintenance of Communication Link. Each party is responsible for

maintaining an effective communication link with the Internet.

 

2.12 Determination of Receipt or Delivery of Transmissions. An EBB

transmission shall be deemed to have been received when the transmission has

been successfully received and time-stamped by Seller's application (for

electronic data interchange (EDI) transmissions) or by the EBB computer (for

on-line transmissions).

 

2.13 Responsibility for Employees. Each party shall be responsible for

the actions of its employees with respect to use of or access to Seller's

EBB. Each employee and agent shall be deemed to have authority to act on

behalf of and to bind that party with respect to any communications and data

in electronic transmissions initiated by that employee or agent.

 

2.14 Cost of Electronic Bulletin Board.

 

(a) Cost of Equipment. Each party shall provide and be responsible

for its own costs for the data processing equipment it uses to send and

receive electronic communications.

 

(b) Cost of EBB Services. Each party shall provide and be responsible

for its own costs for accessing the Internet.

 

(c) Cost of Unauthorized Transmission. Use of the receiving party's

designated site is limited to transactions permitted under this Tariff. No

party may use another party's designated site for any other purpose unless

otherwise expressly authorized under separate written agreement between the

parties, including Seller. If any party transmits to another party's

designated site data not qualifying under this Tariff, the transmitting

party will be liable to reimburse the receiving party for any direct costs

incurred as a result of receiving any such unauthorized transmission.

 

2.15 Limitation on Access to Data. No party may obtain on its own

initiative or otherwise any data from or relating to the other party except

as specifically identified in this Section. In the event any party receives

a transmission that the receiving party knows or should know is not directed

to or intended for the receiving party, the receiving party shall

immediately notify the transmitting party of such transmission and take such

reasonable action as the transmitting party directs. In no event shall the

receiving party utilize such information to the detriment of the

transmitting party or any other party, or otherwise convey the substance of

such transmission to any third party.