Guardian Pipeline, L.L.C.
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: RP07-317-000, Status: Effective
Third Revised Sheet No. 383 Third Revised Sheet No. 383 : Effective
Superseding: Second Revised Sheet No. 383
MASTER ELECTRONIC TRANSACTION AGREEMENT
information provided by Guardian or Customer's use of Guardian's
computer, Internet or communication facilities or systems, except that
Guardian will remain liable for its own negligence. All claims arising
from and out of the terms of this Agreement shall be limited to the
assets of Guardian. Customer agrees that exercise of any and all rights
or remedies at law or in equity against the individual partners of
Guardian by Customer, its successors, assigns and representatives is
hereby expressly waived.
IV. Interpretation and Miscellaneous Provisions
A. Interpretation. This Agreement is designed to facilitate
electronic transactions between the Parties. This Agreement evidences
the complete and exclusive understanding and agreement of the parties
with respect to electronic transactions and supersedes and merges any
prior understandings or agreements related thereto.
B. Governing Law. This Agreement shall be governed by the laws
of the State of Oklahoma (without regard to conflicts of law
principles), including, without limitation, the applicable provisions of
the Uniform Electronic Transactions Act as adopted in the State of
Oklahoma. Tulsa County shall be the sole appropriate venue and
jurisdiction for all controversies in connection with this Agreement.
C. Subject to Tariff. The terms and conditions of this Agreement
are subject to Guardian's FERC Gas Tariff, as amended from time to time.
D. Assignment. Except as otherwise expressly provided herein,
the Parties may not assign rights or delegate duties arising hereunder
without the prior written consent of the other Party, and any assignment
or delegation of any right, duty, or claim arising hereunder without
such consent shall be void.
E. Modification and Waiver. No amendment, modification, or
waiver of this Agreement shall be effective unless made in a written
instrument which specifically references this Agreement and which is
signed by the Parties.
F. Binding Effect. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective successors and