Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 08/31/2006, Docket: RP06-453-001, Status: Effective

Substitute First Revised Sheet No. 329 Substitute First Revised Sheet No. 329 : Effective

Superseding: First Revised Sheet No. 329

 

 

FORM OF INTERACTIVE INTERNET WEBSITE AGREEMENT

 

 

7. SHIPPER agrees to attempt to access only that data for which SHIPPER has

authorization. All access attempts, whether successful or unsuccessful, are

recorded.

 

8. Transporter shall operate its Interactive Internet Website in a prudent manner.

Except for the negligence, fraud, or willful misconduct of Transporter, Transporter

expressly disclaims liability for loss or damage resulting from SHIPPER's actions

or breach of this Agreement, events of force majeure, any defects in computer

software, hardware, or programming, or any interruption in or malfunction of

electronic communication or transmission. SHIPPER agrees to defend, indemnify and

hold harmless Transporter, its affiliates and members and their respective

officers, directors, employees and agents, from and against all claims, demands,

damages, losses, costs and expenses (including court costs and reasonable

attorney's fees) and liabilities of any nature whatsoever (collectively referred to

herein as "Liabilities") arising out of any breach of this Agreement by SHIPPER or

its authorized persons, or the use of the Interactive Internet Website or the

information contained therein by SHIPPER, or its authorized persons, to the extent

such Liabilities are not the direct result of the negligence, fraud, or willful

misconduct of Transporter. The parties hereto agree that neither party shall be

liable to the other party, or its corporate parent, subsidiaries or affiliates or

members, for any special, punitive, exemplary, indirect or consequential damages

(including, without limitation, loss of profits or business interruptions)

("Indirect Damages") incurred by said party arising out of or in any manner related

to this Agreement, the provision and use of the Interactive Internet Website, or

the information contained therein, except to the extent such Indirect Damages arose

from the other party's gross negligence, willful misconduct or bad faith.