Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 06/01/1993, Docket: RS92- 11-021, Status: Effective
2nd Sub Original Sheet No. 927 2nd Sub Original Sheet No. 927 : Effective
FORM OF SERVICE AGREEMENT
FOR THE LINKþ SYSTEM
(Continued)
LINKþ System Subscriber shall also designate one or more Authorized
Personnel who are additionally authorized: (1) to transmit information to
Pipeline through the LINKþ System, and/or (2) to perform the contracting
function and thereby legally bind LINKþ System Subscriber to any service
agreement or amended service agreement entered into with Pipeline
(collectively, the "Designated Personnel"). Pipeline shall be entitled to
rely upon LINKþ System Subscriber's representation that any and all
Designated Personnel authorized to perform the LINKþ System contracting
function have been duly authorized by LINKþ System Subscriber to enter into
one or more service agreements or amended service agreements for all
purposes of this LINKþ System Agreement.
LINKþ System Subscriber shall not disclose to persons other than
Authorized Personnel, and shall otherwise keep completely confidential, all
USERIDs, passwords, and software issued to LINKþ System Subscriber by
Pipeline. In addition, each Authorized Personnel shall likewise not
disclose to any other person, and shall otherwise keep completely
confidential, the individualized USERID and password and any software
issued to such Authorized Personnel. LINKþ System Subscriber shall assure
that no copies of any software issued to LINKþ System Subscriber are made
by Authorized Personnel or by any other persons without the prior written
consent of Pipeline, which consent may be withheld by Pipeline in its sole
discretion. Any software copies made by LINKþ System Subscriber with the
express written consent of Pipeline shall contain a copyright notice
substantially identical to that contained in the software issued by
Pipeline to LINKþ System Subscriber.
LINKþ System Subscriber shall immediately inform Pipeline in writing
whenever LINKþ System Subscriber desires to terminate access to the LINKþ
System previously granted to any Authorized Personnel, or desires to
terminate the status of any Designated Personnel. LINKþ System Subscriber
shall be solely responsible for any and all unauthorized or otherwise
improper use of USERIDs, passwords, and software issued to LINKþ System
Subscriber by Pipeline, including but not limited to the use of such
USERIDs, passwords and software by Authorized Personnel who at some point
are no longer within LINKþ System Subscriber's employment or control.
Pipeline reserves the right to invalidate for due cause any password or
USERID and to demand return of any software issued to LINKþ System
Subscriber. Pipeline shall, if possible, give prior notice and allow the
LINKþ System Subscriber to respond before invalidating any password or
USERID and demanding return of any software issued to LINKþ System
Subscriber. In the event LINKþ System Subscriber fails to adequately
respond within the time period established in Pipeline's prior notice, the
LINKþ System Agreement shall be terminated. LINKþ System Subscriber shall
return to Pipeline any software issued by Pipeline within five (5) days of
termination of this LINKþ System Agreement.
LINKþ System Subscriber shall defend and indemnify Pipeline from and
against any and all claims, demands, and actions, and any resulting loss,
costs, damages, and expenses (including court costs and reasonable
attorney's fees) of any nature whatsoever, which may be asserted against or
imposed upon Pipeline by any party as a result of the unauthorized or
otherwise improper use of any USERID, password, or software issued by
Pipeline to LINKþ System Subscriber, not within the control of Pipeline and
which by the exercise of due diligence Pipeline is unable to prevent or
overcome.