Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 07/09/2004, Docket: RP04-325-000, Status: Effective
First Revised Sheet No. 503 First Revised Sheet No. 503 : Effective
Superseding: Original Sheet No. 503
MIDWESTERN GAS TRANSMISSION COMPANY
ELECTRONIC DATA INTERCHANGE
TRADING PARTNER AGREEMENT
Section 4. Miscellaneous
4.1 Term. This Agreement shall be effective as of the date first set forth above and
shall remain in effect until terminated by either party with not less than 30 days prior
written notice specifying the effective date of termination; provided, however, that
written notice for purposes of this paragraph shall not include notice provided pursuant to
an EDI transaction; further provided, however, that any termination shall not affect the
respective obligations or rights of the parties arising under any Documents or otherwise
under this Agreement prior to the effective date of termination.
4.2 Severability. Any provision of this Agreement which is determined by any court or
regulatory body having jurisdiction over this Agreement to be invalid or unenforceable will
be ineffective to the extent of such determination without invalidating the remaining
provisions of this Agreement or affecting the validity or enforceability of such remaining
provisions.
4.3 Entire Agreement. This Agreement and the Exhibit(s) constitute the complete
agreement of the parties relating to the matters specified in this Agreement and supersede
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 on either party. No obligation to enter into any transaction is to be implied
from the execution or delivery of this Agreement.
4.4 No Third Party Beneficiaries. 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.
4.5 Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of ______________ [specify state, commonwealth, province, etc.] of
_____________________, excluding any conflict-of-law rules and principles of that
jurisdiction which would result in reference to the laws or law rules of another
jurisdiction.
4.6 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.
4.7 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 Data
Communications 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 Data Communications under this Agreement shall be set
forth in the Exhibit(s).
4.8 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 Exhibit(s) to the addressee party at such
party's address as set forth in the Exhibit(s). 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.