Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 199 Original Sheet No. 199

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

27. ELECTRONIC COMMUNICATIONS (Continued)

 

27.8 Operator shall not be liable to the EIM System Subscriber or Web Site

user nor any other party for damages for any act, omission or

circumstance related to the EIM System or the Web Site occasioned by or

in consequence of any acts of God, strikes, lockouts, act of the public

enemy, wars, blockades, insurrections, fires, storms, floods, washouts,

power outages, arrests and restraints of rulers and people, civil

disturbances, explosions, breakage or accident to machinery or

computers, failure of malfunction of electronic communication or

transmission, the binding order of any court or governmental authority

which has been resisted in good faith by all reasonable legal means, and

any other cause, whether of the kind herein enumerated, or otherwise,

not within the control of Operator and which by exercise of due

diligence Operator is unable to prevent or overcome. To the extent the

information displayed on the EIM System or the Web Site is originated

solely by Operator and such information is subsequently determined

inaccurate, the EIM System Subscriber or the Web Site user shall not be

subject to any penalties otherwise collectable by Operator based on

Customer conduct attributable to such inaccuracy during the period the

inaccurate information was displayed on the EIM System or the Web Site.

 

27.9 Operator warrants that, without the express consent of the EIM System

Subscriber or as provided for in Section 8 (Capacity Release) of these

General Terms and Conditions, no Operator employee or agent will

disclose to any third party any information regarding research performed

through the use of the EIM System by the EIM System Subscriber.