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.