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Original Sheet No. 324 Original Sheet No. 324 : Superseded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

By:__________________________ By:_____________________________________

Name:________________________ Name:_________________________________

Title:______________________ Title: ______________________________