TransGas Comprehensive Tariff
4.2) Notwithstanding anything within this Article, if the Customer fails to comply with any material terms herein or in any applicable section of the Tariff, TransGas may, at its option, terminate these Electronic Business Services and access to the Secure Zone by providing notice of the breach or default to the Customer (the “Default Notice”). If the breach or default specified in the Default Notice remains uncured, as determined by TransGas, acting in its sole discretion, after the expiry of fifteen (15) Days from the date of the Default Notice, then this access shall automatically terminate. TransGas may immediately terminate this access on notice to the Customer, if the Customer uses this Electronic Business Service to commit a criminal or tortious act. Upon termination, the Customer shall no longer have use of or access to the Secure Zone. Without limiting other remedies, TransGas may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate this access by Customer to the Secure Zone, if TransGas believes the Customer’s actions may cause operating concerns, legal liability or constitute a continuing breach for Customer, third persons or TransGas. 4.3) Notwithstanding anything in this Article, in the event Customer or TransGas terminates the TransGas Contract under the Tariff, these Electronic Business Services providing access to the Secure Zone will be automatically and immediately terminated. 4.4) TransGas shall have no liability, of any kind, to the Customer in respect of the termination of access to the Secure Zone by TransGas pursuant to this Article. Termination of TransGas Contract(s) by either party (whether for cause or otherwise) shall not affect the Customer’s or TransGas’ obligation for Transactions entered into through its use of the Electronic Business Services of the Secure Zone. Article 5 Limited Warranty 5.1) TransGas’ only warranty is that TransGas will use reasonable efforts to keep the Customer’s account data (the “Data”) current as specified on the Secure Zone. The Data is not warranted to be accurate, and any conflict between the Data on the Secure Zone and TransGas’ records shall be resolved by reliance on TransGas’ records. 5.2) TransGas warrants that it has title to and the right to provide Customer with access to the Secure Zone and the Data on the terms and conditions provided herein. 5.3) TransGas makes no representations or warranties about the suitability, reliability, completeness, availability, timeliness and accuracy of the Secure Zone or Data therein for any purpose, or that the operation of Electronic Business Services will be uninterrupted or error free. The Electronic Business Services, Secure Zone and access to the Data are provided “as is”, without warranty of any kind, either expressed or implied. Except as specifically stated, TransGas hereby disclaims all warranties and conditions with regard to the Electronic Business Services, including all implied warranties, conditions of merchantability, fitness for particular purpose, title and non-infringement.
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Service Specifications 3.5 Electronic Business
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