White River Hub, LLC
Original Volume No. 1
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Effective Date: 10/01/2009, Docket: RP09-1027-000, Status: Effective
First Revised Sheet No. 241 First Revised Sheet No. 241
Superseding: Original Sheet No. 241
ELECTRONIC ACCESS AGREEMENT (QUESTLINE)
(Continued)
6. White River or its third party licensors solely and exclusively
own all right, title, and interest in and to Questline and its contents,
including all patents, copyrights, trade secrets, trademarks, and other
intellectual property therein.
7. Shipper expressly acknowledges that by accessing Questline it
shall be made aware of proprietary and confidential property of White River,
its affiliates, or its licensors, including without limitation customers,
services, products, processes, operations, the location of pipeline
facilities, present and contemplated activities, as well as logon, password,
or other controlled access information (collectively Confidential
Information). Shipper shall protect the Confidential Information with at
least the same degree of care it uses to protect its own confidential
information, but not less than a reasonable degree of care. Shipper shall use
the Confidential Information only for the purposes stated in this Agreement.
Shipper shall not disclose the Confidential Information to any third party,
except on a confidential basis to its employees or agents whose access is
required to carry out the purposes of this Agreement, who have been advised of
the confidential nature of the information, and who are each bound by an
obligation of confidentiality, enforceable by Shipper, to protect the
Confidential Information. The confidentiality obligations of this paragraph
shall not apply to any information that is:
a. generally available to the public through no act of Shipper;
b. independently developed by Shipper without use of or reference to
the Confidential Information;
c. lawfully received from a third party without breach of this
Agreement; or
d. disclosed pursuant to law, judicial order, or government regulation
so long as Shipper promptly notifies White River prior to disclosure
to provide White River with time to take actions necessary to
protect its interests.
This paragraph shall survive termination of this Agreement.
8. Shipper shall ensure that its employees and agents shall only use
the logon, password, and other controlled access to which they have been
assigned in connection with Questline and its contents. Upon termination of
any employee or agent, or their need for access to Questline, Shipper shall
immediately notify White River in writing and discontinue use of that logon
and password.