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
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.