Enbridge Offshore Pipelines (Utos) LLC
FIFTH REVISED VOLUME NO. 1
Contents / Previous / Next / Main Tariff Index
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.