Mobile Bay Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-155-003, Status: Effective

Original Sheet No. 364 Original Sheet No. 364 : Effective

 

 

ELECTRONIC DATA INTERCHANGE TRADING PARTNER AGREEMENT

(Continued)

 

4.2. Agreement Not Severable. If any provision of this Agreement is

determined to be invalid or unenforceable, then as of such determination this

Agreement in its entirety will be deemed ineffective and unenforceable by the

parties; provided, the respective obligations or rights of the parties arising

under any Documents effectively communicated under this Agreement prior

thereto shall not be affected.

 

4.3. Entire Agreement. As and when executed by the parties, each EDI Exhibit

shall be considered a part of this Agreement. This Agreement, including the

Appendix and each EDI Exhibit which are incorporated herein by this reference,

constitutes the complete agreement of the parties relating to the matters

specified in this Agreement and supersedes 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 upon either party. 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. 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.

 

4.4. Governing Law. This Agreement shall be governed by and interpreted in

accordance with the laws of the state of Texas, the United States of America,

excluding any conflict-of-law rules and principles of that which would result

in reference to the laws or rules of another jurisdiction.

 

4.5. 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, retrieval 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.

 

4.6. Notices. Unless otherwise expressly provided in this Agreement, 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,

to the addressee party at such party's address 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 days prior written notice of such new

address in accordance with the preceding provisions.