White River Hub, LLC

Original Volume No. 1

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Effective Date: 10/01/2009, Docket: RP09-1027-002, Status: Effective

Second Sub. First Revised Sheet No. 243 Second Sub. First Revised Sheet No. 243

Superseding: Substitute First Revised Sheet No. 243

 

ELECTRONIC ACCESS AGREEMENT (QUESTLINE)

(Continued)

 

SECURITY, AVAILABILITY, QUALITY, AND PERFORMANCE OF QUESTLINE AND ITS

CONTENTS, INCLUDING ALL LIABILITY ARISING FROM ACCESS TO QUESTLINE BY THIRD

PARTIES THROUGH SHIPPER. This paragraph shall survive termination of this

Agreement.

 

16. NIETHER WHITE RIVER NOR ANY OF ITS MEMBER COMPANIES, AFFILIATES, OR

SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS,

SHALL BE LIABLE TO SHIPPER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR

DAMAGES OF ANY KIND ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH

SHIPPER'S USE, INABILITY TO USE, OR RELIANCE ON QUESTLINE OR ITS CONTENTS,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE

FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT,

EXCEPT WHITE RIVER MAY BE HELD LIABLE TO SHIPPER FOR SHIPPER'S DIRECT DAMAGES

FROM THE USE OF QUESTLINE TO THE EXTENT SUCH DAMAGES ARE CAUSED BY THE

NEGLIGENCE OF WHITE RIVER IN ITS OPERATION OF QUESTLINE AND ARE NOT OTHERWISE

AVOIDABLE BY SHIPPER. IN ADDITION, WHITE RIVER MAY BE LIABLE FOR INDIRECT,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO THE EXTENT SUCH DAMAGES ARE CAUSED BY

WHITE RIVER' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OPERATING QUESTLINE AND

ARE NOT AVOIDABLE BY SHIPPER. This paragraph shall survive termination of

this Agreement.

 

17. (a) This Agreement shall commence on the date first written

above and remain in full force and effect until terminated:

 

(i) by either Party for its convenience upon one day's written

notice to the other Party;

(ii) immediately by White River for Shipper's breach of this

Agreement; or

(iii) by White River according to the procedures set forth in

Section 2.7 of the General Terms and Conditions of Part 1 of

White River's Tariff.

 

(b) Upon termination of this Agreement, Shipper shall

immediately discontinue access to and all use of Questline and its contents.

Shipper shall also destroy any documents, in whatever medium those documents

exist, that contain any Confidential Information of White River, including

without limitation logon, password, or other controlled access information,

and shall not retain any copes of such documents.

 

18. All notices concerning this Agreement, other than the day-to-day

communications between the Parties, shall be in writing and shall be sent to

the relevant address set forth below. The Parties may designate other

addressees or addresses by notice to the other Party. A notice shall be

deemed effective (a) when given by hand delivery; (b) three days after deposit

into the U.S. mail, postage prepaid; or (c) one business day after deposit

with commercial overnight delivery service, charges prepaid.