Enbriidge Pipelines (Midla) L. L. C.
FIFTH REVISED VOLUME NO. 1
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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective
Original Sheet No. 359 Original Sheet No. 359
FORM OF INTERACTIVE INTERNET WEBSITE AGREEMENT
CUSTOMER or its authorized persons, or the use of the Interactive
Internet Website or the information contained therein by CUSTOMER, or
its authorized persons, to the extent such Liabilities are not the
direct result of the negligence, fraud, or willful misconduct of
Pipeline. The parties hereto agree that neither party shall be liable
to the other party, or its corporate parent, subsidiaries or
affiliates or members, for any special, punitive, exemplary, indirect
or consequential damages (including, without limitation, loss of
profits or business interruptions) ("Indirect Damages")incurred by
said party arising out of or in any manner related to this Agreement,
the provision and use of the Interactive Internet Website, or the
information contained therein, except to the extent such Indirect
Damages arose from the other party's gross negligence, willful
misconduct or bad faith.
9. CUSTOMER understands and agrees that Pipeline may act, and shall be
fully protected in acting, in reliance upon any acts or things done or
performed by persons utilizing CUSTOMER's USERIDs and passwords on
behalf of CUSTOMER (so long as Pipeline is not aware of a security
breach), and that Pipeline shall be held harmless from any omission or
failure by CUSTOMER to act or perform any duty required by a function
accessed through the Interactive Internet Website.
10. A USERID that is inactive for ninety (90) Days shall be automatically
suspended. If CUSTOMER's USERID is suspended as set forth herein,
CUSTOMER may contact Pipeline's Transportation Services Department to
have its USERID reinstated.
11. Pipeline reserves the right to invalidate CUSTOMER's USERIDs and
passwords at any time in the event CUSTOMER breaches any of the terms
of this Agreement and such breach, in Pipeline's sole judgment,
threatens the security or integrity of the system and CUSTOMER fails
to cure the breach within twenty four (24) hours of notification from
Pipeline. If Pipeline terminates the Interactive Internet Website
pursuant to the following paragraph, Pipeline shall invalidate
CUSTOMER's USERIDs and passwords effective on the date of the
termination of the Interactive Internet Website.
12. Pipeline reserves the right to modify or terminate the Interactive
Internet Website at any time so long as such modification or
termination is not prohibited or inconsistent with the regulations of
the Federal Energy Regulatory Commission or Pipeline's FERC Gas
Tariff. Any such modification or termination of its website is to be
filed with and is subject to review by the Federal Energy Regulatory
Commission.