Overthrust Pipeline Company

First Revised Volume No. 1-A

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Effective Date: 10/01/1993, Docket: RS92- 71-001, Status: Effective

Original Sheet No. 109 Original Sheet No. 109 : Superseded

 

ELECTRONIC BULLETIN BOARD ACCESS AGREEMENT

(Continued)

 

 

access the EBB to release, bid and contract for capacity

from 6:00 a.m. to 6:00 p.m. Mountain Time each working day.

 

10. Unauthorized access by Shipper to the EBB, to

restricted portions of the EBB or to other telecom-

munications or computer facilities used to deliver the EBB

services are a breach of this Agreement and a violation of

law.

 

11. Overthrust shall have no liability to Shipper or

any other party for damages caused or allegedly caused by

any failure of performance, error, omission, interruption,

deletion, defect, delay in operation or transmission,

communication and line failure, theft or destruction, or

unauthorized access to alteration of or use of the EBB,

whether for breach of contract, tortious behavior,

negligence or under any other cause or action Overthrust

shall not be liable to Shipper or any other party for any

direct, consequential, punitive, special or other damages

arising in any way from the availability of the information

regardless of the form of the action, whether in contract or

tort.

 

12. Overthrust expressly disclaims any and all

warranties, including, without limitation, any warranties as

to the availability, accuracy or content of information

located on the EBB and any warranties of merchantability or

fitness for a particular purpose.

 

13. Overthrust may terminate a Shipper's access to

Overthrust's EBB without notice for violation of this

Agreement.

 

14. Shipper shall not be authorized to access

Overthrust's EBB or transact business on Overthrust's EBB

until Shipper has received its access and signature code

from Overthrust.

 

15. Upon the implementation of Overthrust's Tariff,

Shipper's transportation agreements, authorized under 18

C.F.R. 284 subparts B and G, will be reformed to comply

with the form of service agreements found in the Tariff.

The original form of the Shipper's service agreements issued

to Shipper when it commenced service on Overthrust's system

will cease to be valid. Shipper's reformed service