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.