Black Marlin Pipeline Company

First Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-110-003, Status: Effective

Original Sheet No. 323 Original Sheet No. 323 : Superseded

 

on paper in any judicial, arbitration, mediation or administrative proceedings,

will be admissible as between the parties to the same extent and under the same

conditions as other business records originated and maintained in documentary

form. Neither party shall contest the admissibility of copies of Signed

Documents under either the business records exception to the hearsay rule or

the best evidence rule on the basis that the Signed Documents were not

originated or maintained in documentary form.

 

Section 4. Miscellaneous.

 

4.1. Term. This Agreement shall be effective as of the date first set forth

above and shall remain in effect until terminated by either party with not less

than 30 days prior written notice specifying the effective date of termination;

provided, however, that written notice for purposes of this paragraph shall not

include notice provided pursuant to an EDI transaction; further provided,

however, that any termination shall not affect the respective obligations or

rights of the parties arising under any Documents or otherwise under this

Agreement prior to the effective date of termination.

 

4.2. Severability. Any provision of this Agreement which is determined to be

invalid or unenforceable will be ineffective to the extent of such

determination without invalidating the remaining provisions of this Agreement

or affecting the validity or enforceability of such remaining provisions.

 

4.3. Entire Agreement. This Agreement and the Appendix constitute the complete

agreement of the parties relating to the matters specified in this Agreement

and supersede all prior representations or agreements, whether oral or written,

with respect to such matters. No oral modification or waiver of any of the

provisions of this agreement shall be binding on either party. No obligation to

enter into any Transaction is to be implied from the execution or delivery of

this Agreement. This Agreement is solely for the benefit of, and shall be

binding solely upon, the parties their agents and their respective successors

and permitted assigns. This Agreement is not intended to benefit and shall not

be for the benefit of any party other than the parties hereto and no other

party shall have any right, claim or action as a result of this Agreement.

 

4.4. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN

ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT-OF-LAW

RULES AND PRINCIPLES OF THAT STATE WHICH WOULD RESULT IN REFERENCE TO THE LAWS

OR LAW RULES OF ANOTHER JURISDICTION.