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. 53 Original Sheet No. 53 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

2.16 Security Breaches. Any Customer or other party using the EBB agrees

to notify Seller promptly if there is any indication that a security breach

may have occurred with regard to any electronic data interchange facilities

or systems and to make any changes in passwords or other changes necessary

to ensure the continued integrity of the EBB system. A security breach

shall include, but not be limited to (i) loss of confidentiality of the

other party's account name or account number for its designated site; (ii)

termination of employment of any employee authorized to effect EBB

communications; and (iii) loss of authority to effect EBB communications by

any previously authorized employee. Seller shall, to the extent possible,

accommodate requests by Customers to limit the access of designated

employees or representatives of Customer to designated portions of the EBB.

 

2.17 Responsibility for System Failure. Each EBB user shall bear the

consequences of any failure in its own EBB-related equipment or system, and

no such failure shall in any way affect the requirements under Seller's

Tariff or Service Agreements for communications, or the impact under the

Tariff or Service Agreements of any failure by either party to make or

receive such communications. The standards of liability applicable to the

operation of the EBB equipment within Seller's ownership and control shall be

the same standards as are applicable to Seller's other equipment and

operations.