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
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
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.