Common use of Acquiring Customer Clause in Contracts

Acquiring Customer. Any Acquiring Customer who confirms a prearranged transaction agrees that such confirmation is an electronic execution, pursuant to the terms of this Agreement, of a service agreement for the service as described in the posting. Any Acquiring Customer who submits a bid for posted capacity hereby agrees that submission of such bid electronically is an execu tion of a service agreement for the service set out in the bid and is effective upon award of the bid. 7. Customer's use of the System is "AS IS, WHERE IS," and with all faults. Customer agrees there are no representations or warra nties, express or implied, that might arise in connection with this Agreement or Customer's use of the System. Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES COMPANY SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT OR TORT, FOR ANY LOSSES SUSTAINED AS A RESULT OF FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SYSTEM. CUSTOMER ASSUMES ALL RISKS OF LOSS OR LIABILITY ARISING OUT OF ITS USE OF THE SYSTEM AND HEREBY AGREES TO HOLD HARMLESS AND INDEMNIFY COMPANY FROM AND AGAINST ALL CLAIMS, DEMANDS AND CAUSES OF ACTION (AS WELL AS ALL LIABILITIES, COSTS, JUDGMENTS OR EXPENSES INCURRED BY COMPANY) BROUGHT BY THIRD PARTIES BASED UPON, ARISING OUT OF OR RESULTING FROM CUSTOMER'S USE OF THE SYSTEM, EXCEPT THAT COMPANY WILL REMAIN LIABLE FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 8. Both Customer and Company shall have the right to terminate this Agreement at any time for any reason whatsoever, with or without cause. Company shall have the right to modify or terminate the FGTTransfer system Telecommunications Network and/or Customer's right to use the System at any time. Company also reserves the right to invalidate ID Codes and Passwords for cause and shall provide reasonable notice of such invalidation. Upon termination of this Agreement or upon request by Company, Customer shall thereafter immediately cease all use of the System. 9. This Agreement is personal to Customer and may not be assigned, licensed or transferred (except as part of the sale of the assets of Customer's business to which this Agreement relates) by Customer without the express written consent of Company. 10. All Documents and transactions entered into using the FGTTransfer system are subject to the FERC Gas Tariff of Florida Gas Transmission Company, LLC, as amended from time to time, and any applicable laws and regulation. 11. To the extent that there are other written agreements in place between the Parties, this Agreement shall not cancel or supers ede those other agreements except to the extent inconsistent with the specific terms and conditions hereof pertaining to the System. However, the terms and provisions of this Agreement do supersede any oral representations between the Parties or any conflicting terms and conditions in any other agreement with regard to the subject matter of this Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and shall not be modified except by written instrument duly executed by both parties. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICTS OF LAW, RULE OR PRINCIPLE THAT MIGHT REFER SAME TO THE LAWS OF ANOTHER JURISDICTION. 12. Any notice provided for in this Agreement shall be in writing and shall be considered as having been given if sent by email, facsimile, delivered personally or if mailed by United States mail postage prepaid to the following addressees, respectively. Houston, TX 77002-6803 Email: ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Email: Phone: ▇▇▇-▇▇▇-▇▇▇▇ Phone:

Acquiring Customer. Any Acquiring Customer who confirms a prearranged transaction agrees that such confirmation is an electronic execution, pursuant to the terms of this Agreement, of a service agreement for the service as described in the posting. Any Acquiring Customer who submits a bid for posted capacity hereby agrees that submission of such bid electronically is an execu tion execution of a service agreement for the service set out in the bid and is effective upon award of the bid. 7. Customer's use of the System is "AS IS, WHERE IS," and with all faults. Customer agrees there are no representations or warra ntieswarranties, express or implied, that might arise in connection with this Agreement or Customer's use of the System. Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES COMPANY SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT OR TORT, FOR ANY LOSSES SUSTAINED AS A RESULT OF FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SYSTEM. CUSTOMER ASSUMES ALL RISKS OF LOSS OR LIABILITY ARISING OUT OF ITS USE OF THE SYSTEM AND HEREBY AGREES TO HOLD HARMLESS AND INDEMNIFY COMPANY FROM AND AGAINST ALL CLAIMS, DEMANDS AND CAUSES OF ACTION (AS WELL AS ALL LIABILITIES, COSTS, JUDGMENTS OR EXPENSES INCURRED BY COMPANY) BROUGHT BY THIRD PARTIES BASED UPON, ARISING OUT OF OR RESULTING FROM CUSTOMER'S USE OF THE SYSTEM, EXCEPT THAT COMPANY WILL REMAIN LIABLE FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 8. Both Customer and Company shall have the right to terminate this Agreement at any time for any reason whatsoever, with or without cause. Company shall have the right to modify or terminate the FGTTransfer FGTMessenger system Telecommunications Network and/or Customer's right to use the System at any time. Company also reserves the right to invalidate ID Codes and Passwords for cause and shall provide reasonable notice of such invalidation. Upon termination of this Agreement or upon request by Company, Customer shall thereafter immediately cease all use of the System. 9. This Agreement is personal to Customer and may not be assigned, licensed or transferred (except as part of the sale of the assets of Customer's business to which this Agreement relates) by Customer without the express written consent of Company. 10. All Documents and transactions entered into using the FGTTransfer FGTMessenger system are subject to the FERC Gas Tariff of Florida Gas Transmission Company, LLC, as amended from time to time, and any applicable laws and regulation. 11. To the extent that there are other written agreements in place between the Parties, this Agreement shall not cancel or supers ede supersede those other agreements except to the extent inconsistent with the specific terms and conditions hereof pertaining to the System. However, the terms and provisions of this Agreement do supersede any oral representations between the Parties or any conflicting terms and conditions in any other agreement with regard to the subject matter of this Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and shall not be modified except by written instrument duly executed by both parties. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICTS OF LAW, RULE OR PRINCIPLE THAT MIGHT REFER SAME TO THE LAWS OF ANOTHER JURISDICTION. 12. Any notice provided for in this Agreement shall be in writing and shall be considered as having been given if sent by email, facsimile, delivered personally or if mailed by United States mail postage prepaid to the following addressees, respectively. Attn: FGT Contract Administration Attn: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Houston, TX 7700277210-6803 4967 Email: ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Email: Phone: ▇▇▇-▇▇▇-▇▇▇▇ Phone:

Acquiring Customer. Any Acquiring Customer who confirms a prearranged transaction agrees that such confirmation is an electronic execution, pursuant to the terms of this Agreement, of a service agreement for the service as described in the posting. Any Acquiring Customer who submits a bid for posted capacity hereby agrees that submission of such bid electronically is an execu tion execution of a service agreement for the service set out in the bid and is effective upon award of the bid. 7. Customer's use of the System is "AS IS, WHERE IS," and with all faults. Customer agrees there are no representations or warra ntieswarranties, express or implied, that might arise in connection with this Agreement or Customer's use of the System. Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES COMPANY SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT OR TORT, FOR ANY LOSSES SUSTAINED AS A RESULT OF FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY FAILURES OR DEFICIENCIES IN THE SYSTEM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SYSTEM. CUSTOMER ASSUMES ALL RISKS OF LOSS OR LIABILITY ARISING OUT OF ITS USE OF THE SYSTEM AND HEREBY AGREES TO HOLD HARMLESS AND INDEMNIFY COMPANY FROM AND AGAINST ALL CLAIMS, DEMANDS AND CAUSES OF ACTION (AS WELL AS ALL LIABILITIES, COSTS, JUDGMENTS OR EXPENSES INCURRED BY COMPANY) BROUGHT BY THIRD PARTIES BASED UPON, ARISING OUT OF OR RESULTING FROM CUSTOMER'S USE OF THE SYSTEM, EXCEPT THAT COMPANY WILL REMAIN LIABLE FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 8. Both Customer and Company shall have the right to terminate this Agreement at any time for any reason whatsoever, with or without cause. Company shall have the right to modify or terminate the FGTTransfer its TWTransfer system Telecommunications Network and/or Customer's right to use the System at any time. Company also reserves the right to invalidate ID Codes and Passwords for cause and shall provide reasonable notice of such invalidation. Upon termination of this Agreement or upon request by Company, Customer shall thereafter immediately cease all use of the System. 9. This Agreement is personal to Customer and may not be assigned, licensed or transferred (except as part of the sale of the assets of Customer's business to which this Agreement relates) by Customer without the express written consent of Company. 10. All Documents and transactions entered into using the FGTTransfer TWTransfer system are subject to the FERC Gas Tariff of Florida Gas Transmission Transwestern Pipeline Company, LLC, as amended from time to time, and any applicable laws and regulation. 11. To the extent that there are other written agreements in place between the Parties, this Agreement shall not cancel or supers ede supersede those other agreements except to the extent inconsistent with the specific terms and conditions hereof pertaining to the System. However, the terms and provisions of this Agreement do supersede any oral representations between the Parties or any conflicting terms and conditions in any other agreement with regard to the subject matter of this Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and shall not be modified except by written instrument duly executed by both parties. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICTS OF LAW, RULE OR PRINCIPLE THAT MIGHT REFER SAME TO THE LAWS OF ANOTHER JURISDICTION. 12. Any notice provided for in this Agreement shall be in writing and shall be considered as having been given if sent by email, facsimile, delivered personally or if mailed by United States mail postage prepaid to the following addressees, respectively. Customer ▇▇▇▇ ▇▇▇▇ ▇▇. Houston, TX 77002-6803 EmailAttn: Attn: Commercial Group Phone: Fax: (▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Email: Phone: ▇▇▇-) ▇▇▇-▇▇▇▇ PhoneFax: