TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/05/1996, Docket: CP90-1777-009, Status: Effective
Original Sheet No. 109 Original Sheet No. 109 : Superseded
ELECTRONIC BULLETIN BOARD ACCESS AGREEMENT
(Continued)
8. The EBB will be available for general access from 2:00 a.m. to
Midnight Mountain Time daily. Shippers may 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. TransColorado's EBB will be down from 12:01 to 1:59 a.m.
Mountain Time daily or when pre-scheduled during other periods for
operational necessity.
9. Unauthorized access by Shipper to the EBB, to restricted portions
of the EBB or to other telecommunications or computer facilities used to
deliver the EBB services are a breach of this Agreement and a violation of
law.
10. TransColorado 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. TransColorado shall not be liable to Shipper or any other party for
any direct, consequential, punitive, special or other damages arising in any
way from any errors, omissions, inaccuracies or the availability of the
information regardless of the form of the action, whether in contract or
tort.
11. TransColorado 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.
12. TransColorado may terminate a Shipper's access to TransColorado's
EBB without notice for violation of this Agreement.
13. Shipper shall not be authorized to access TransColorado's EBB or
transact business on TransColorado's EBB until Shipper has received its
access and signature code from TransColorado.