Caledonia Gas And Storage

Original Volume No. 1

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Effective Date: 12/05/2007, Docket: RP08- 57-000, Status: Effective

First Revised Sheet No. 29 First Revised Sheet No. 29 : Effective

Superseding: Superseding Original Sheet No. 29

2.9 Responsibility for Employees. Each Party shall be responsible for the

actions of its employees with respect to use of or access to Caledonia’s EBB.

Each employee and agent shall be deemed to have authority to act on behalf of

and to bind that Party with respect to any communications and data in

electronic transmission initiated by that employee or

agent.

 

2.10 Cost of Unauthorized Transmission. Use of the receiving Party’s

designated site is limited to transactions permitted under this Tariff. No

Party may use another Party’s designated site for any other purpose unless

otherwise expressly authorized under a separate written agreement between the

Parties. If any Party transmits to another Party’s designated site data not

qualifying under this Tariff, the transmitting Party will be liable to

reimburse the receiving Party for any direct costs incurred as a result of

receiving any such unauthorized transmission.

 

2.11 Limitation on Access to Data. No Party may obtain, through another

Party’s designated site, on its own initiative or otherwise, any data from or

relating to the other Party except as specifically identified in this Section.

In the event any Party receives a transmission that the receiving Party knows

or should know is not directed to or intended for the receiving Party, the

receiving Party shall immediately notify the transmitting Party of such

transmission and take such reasonable action as the transmitting Party

directs. In no event shall the receiving Party use such information to the

detriment of the transmitting Party or any other Party, or otherwise convey

the substance of such transmission to any third party.

 

2.12 Security Breaches. Any Customer or other Party using the EBB agrees

to notify Caledonia promptly if there is any indication that a security breach

may have occurred with regard to any facilities or systems and to make any

changes in passwords or other changes necessary to ensure the continued

integrity of the EBB system. A security breach shall include, but not be

limited to, (i) loss of confidentiality of the other Party’s account name or

account number for its designated site; (ii) termination of employment of any

employee authorized to effect EBB communications; and (iii) loss of authority

to effect EBB communications by any previously authorized employee. Caledonia

shall, to the extent possible, accommodate requests by Customers to limit the

access of designated employees or representatives of Customer to designated

portions of the EBB.

 

2.13 Responsibility for System Failure. Each EBB user shall bear the

consequences of any failure in its own EBB-related equipment or system, and no

such failure shall in any way affect the requirements under Caledonia’s Tariff

or Service Agreements for communications, including any failure by either

Party to make or receive such communications. The standards of liability

applicable to the operation of the EBB equipment within Caledonia’s ownership

and control shall be the same standards as are applicable to Caledonia’s other

equipment and operations.