Southern Star Central Gas Pipeline, Inc.

Original Volume No. 1

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Effective Date: 05/01/2003, Docket: RP03-352-000, Status: Effective

Original Sheet No. 507 Original Sheet No. 507 : Effective

 

FORM OF

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT

 

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 Appendix.

 

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.