Steckman Ridge, LP

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 215 Original Sheet No. 215

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

2. ELECTRONIC COMMUNICATIONS (continued)

 

2.7 Liability

 

(a) Steckman Ridge shall not be liable to LINK® System

Subscriber nor any other party in damages for any act,

omission or circumstance related to the LINK® System

occasioned by or in consequence of an event of Force

Majeure, as defined in Section 29 of these General Terms and

Conditions, that is not within the control of Steckman Ridge

and which by the exercise of due diligence Steckman Ridge is

unable to prevent or overcome. To the extent the

information displayed on the LINK® System is originated

solely by Steckman Ridge and such information is

subsequently determined to be inaccurate, LINK® System

Subscriber shall not be subject to any penalties otherwise

collectable by Steckman Ridge based on Customer conduct

attributable to such inaccuracy during the period the

inaccurate information was displayed on the LINK® System.

 

(b) LINK® System Subscriber shall defend, indemnify and hold

Steckman Ridge harmless from and against any and all claims,

demands and/or actions, and any and all resulting loss,

costs, damages, and/or expenses (including court costs and

reasonable attorney's fees) of any nature whatsoever, that

may be asserted against or imposed upon Steckman Ridge by

any party as a result of the unauthorized or otherwise

improper use of any USERID and/or password issued to or by

LINK® System Subscriber and/or Local Security Administrator

or any other unauthorized or improper use of the LINK®

System by any LINK® System User or LINK® System Subscriber

unless such improper use is the result of Steckman Ridge's

negligence or willful misconduct, including, but not limited

to, distribution of USERIDs or passwords to persons that are

not employed by, or agents or affiliates of, LINK® System

Subscriber.