Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.