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Original Sheet No. 324 Original Sheet No. 324 : Superseded
4.5. Force Majeure. No party shall be liable for any failure to perform its
obligations in connection with any Transaction or any Document, where such
failure results from any act of God or other cause beyond such party's
reasonable control (including, without limitation, any mechanical, electronic
or communications failure) which prevents such party from transmitting or
receiving any documents and which, by the exercise of due diligence, such party
is unable to prevent or overcome.
4.6. Exclusion of Certain Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER
FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR
AS A RESULT OF ANY DELAY, OMISSION OR ERROR IN THE ELECTRONIC TRANSMISSION OR
RECEIPT OF ANY DOCUMENTS PURSUANT TO THIS AGREEMENT, EVEN IF EITHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF FAULT. ANY
LIMITATION ON DIRECT DAMAGES TO SOFTWARE AND HARDWARE ARISING FROM THIS
AGREEMENT SHALL BE SET FORTH IN THE EXHIBIT.
4.7. Notices. All notices required or permitted to be given with respect to
this Agreement shall be given by mailing the same postage prepaid, or given by
fax or by courier, or by other methods specified in the Appendix to the
addressee party at such party's address as set forth in the Appendix. Either
party may change its address for the purpose of notice hereunder by giving the
other party no less than five (5) days prior written notice of such new address
in accordance with the preceding provisions.
4.8. Assignment. This Agreement may not be assigned or transferred by either
party without the prior written approval of the other party, which approval
shall not be unreasonably withheld; provided, any assignment or transfer,
whether by merger or otherwise, to a party's affiliate or successor in interest
shall be permitted without prior consent if such party assumes this Agreement.
4.9 Waivers. No forbearance by any party to require performance of any
provisions of this Agreement shall constitute or be deemed a waiver of such
provision or the right thereafter to enforce it.
4.10 Counterparts. This Agreement may be executed in any number of original
counterparts all of which shall constitute but one and the same instrument.
Each party has caused this Agreement to be properly executed on its behalf as
of the date first above written.
Company Name:______________ Company Name: Black Marlin Pipeline Company
Title:______________________ Title: ______________________________