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.