Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2007, Docket: RP07-317-000, Status: Effective

Second Revised Sheet No. 395 Second Revised Sheet No. 395 : Effective

Superseding: First Revised Sheet No. 395

 

ELECTRONIC COMMUNICATION AGREEMENT

(Continued)

 

 

incurred by Company) brought by third parties based upon, arising

out of or resulting from Customer's use of the System, except that

Company will remain liable for its own gross negligence or willful

misconduct. All claims arising from and out of the terms of this

Agreement shall be limited to the assets of the Company. Customer

agrees that exercise of any and all rights or remedies at law or in

equity against the individual partners of the Company by Customer,

its successors, assigns and representatives is hereby expressly

waived.

 

5. Both Customer and Company shall have the right to terminate this

Agreement at any time for any reason whatsoever, with or without

cause. Company shall have the right to modify or terminate its

Telecommunications Network and/or Customer's right to use the System

at any time. Company also reserves the right to invalidate ID Codes

and Passwords for cause and shall provide reasonable notice of such

invalidation. Upon termination of this Agreement or upon request by

Company, Customer shall thereafter immediately cease all use of the

System.

 

6. This Agreement is personal to Customer and may not be assigned,

licensed or transferred (except as part of the sale of the assets of

Customer's business to which this Agreement relates) by Customer

without the express written consent of Company.

 

7. There are other written agreements in place between the Parties and

this Agreement shall not cancel or supersede those other agreements

except to the extent inconsistent with the specific terms and

conditions hereof pertaining to the System. However, the terms and

provisions of this Agreement do supersede any oral representations

between the Parties or any conflicting terms and conditions in any

other agreement with regard to the subject matter of this Agreement.

This Agreement contains the entire agreement between the Parties

with respect to the subject matter hereof and shall not be modified

except by written instrument duly executed by both Parties. This

Agreement shall be governed and construed in accordance with the

laws of the STATE OF OKLAHOMA, excluding any conflicts of law, rule

or principle that might refer same to the laws of another

jurisdiction.