Kinder Morgan Louisiana Pipeline LLC
Original Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective
Original Sheet No. 181 Original Sheet No. 181
GENERAL TERMS AND CONDITIONS
13.11 LIMITS OF RESPONSIBILITY
Neither KMLP nor Shipper shall be responsible for an
omission or failure by the other to act or perform any duty requested
by a function accessed via this web site if such omission or failure
to act is caused by or related to data lost in the transmission of
such data from Subscriber's to KMLP's computer system, power failures,
failure of backup systems, or any other event beyond the reasonable
control of KMLP or Shipper, as applicable.
KMLP reserves the right to add, modify or terminate
functions of this web site at any time subject to compliance with
13.13 AGREEMENT BY NON-SHIPPER
Any Subscriber who is not a Shipper under one of the Rate
Schedules in this volume of KMLP's FERC Gas Tariff will be required,
as a precondition of access to this web site, to sign an agreement
with KMLP pursuant to which the Subscriber agrees to be bound by the
provisions of this Section.
(a) Each Subscriber shall indemnify KMLP and hold KMLP
harmless for all damages, losses, and liabilities arising out of:
(1) Subscriber's or its employees' or agents'
breach of any of Subscriber's obligations under this Section 13,
including any breach of confidentiality with respect to the assignment
of logon(s) and passwords(s) to Subscriber's authorized employees and
agents and any unauthorized use by a formerly authorized person or by
any unauthorized person who gained knowledge of Subscriber's logon(s)
and password(s) through no fault of KMLP; and
(2) any omission or failure by Subscriber's
employees or agents to act or perform any duty required by an
interactive website function.
(b) Notwithstanding Sections (a)(1) and (a)(2) above,
neither KMLP nor Subscriber shall be liable to the other if an
unauthorized user gains access to KMLP's Interactive Website through
no fault of either KMLP or Subscriber, consistent with Section 24 of
these General Terms and Conditions.