Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

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Effective Date: 01/07/2001, Docket: RP01-182-000, Status: Effective

Second Revised Sheet No. 439 Second Revised Sheet No. 439 : Effective

Superseding: First Revised Sheet No. 439

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

information to the Pipeline for posting on the LINK® System. Such posting is to make

those agreements public and not to prompt the submittal of bids for such capacity.

 

2.6 For generic, system-wide notices any provisions of this FERC Gas Tariff requiring that

these matters be written or in writing are satisfied by Pipeline utilizing electronic

transmission through the LINK® System in accordance with the procedures for utilization

of the LINK® System or through electronic data interchange as provided for in

Commission approved or permitted data sets. Critical system-wide notices will be in a

separate category from notices that are not critical. The provisions of this FERC Gas

Tariff requiring that certain matters be written or in writing are satisfied by

Customer utilizing electronic transmission through the LINK® System in accordance with

the procedures for utilization of the LINK® System or through electronic data

interchange as provided for in Commission approved or permitted data sets. An

Executable Contract Summary that is executed in full utilizing electronic transmission

through the LINK® System is a valid and enforceable contract binding on all parties and

Customer agrees that such executed Executable Contract Summary is a valid and

enforceable contract binding on all parties. All other provisions, including service

agreement-specific notices, requiring items or information to be written or in writing

remain unchanged unless otherwise agreed by Pipeline and Customer.

 

2.7 Pipeline or an affiliate of Pipeline is the exclusive proprietor of the programming

which generates the LINK® System and of all the copyrights and proprietary interests

therein, except insofar as any third party (whose materials are made available in the

files of the LINK® System under license to Pipeline) possesses a copyright or

proprietary interest in such materials, but not of the files of and the information

displayed on the LINK® System. A LINK® System Subscriber will not by virtue of this

Section or the executed LINK® System agreement acquire any proprietary interests in the

programming which generates the LINK® System. As part of Pipeline's continuing

development of the LINK® System, third parties may desire to acquire rights to certain

parts of the programming. Pipeline will attempt to license these rights for use in the

LINK® System by LINK® System Subscribers.

 

2.8 Pipeline shall not be liable to the 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 any acts of God, strikes, lockouts, acts 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 or 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 Pipeline and

which by the exercise of due diligence Pipeline is unable to prevent or overcome. To

the extent the information displayed on the LINK® System is originated solely by

Pipeline and such information is subsequently determined to be inaccurate, the LINK®

System Subscriber shall not be subject to any penalties otherwise collectable by

Pipeline based on Customer conduct attributable to such inaccuracy during the period

the inaccurate information was displayed on the LINK® System.