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.