Northern Border Pipeline Company
First Revised Volume No. 1
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Effective Date: 06/01/2003, Docket: RP00-403-004, Status: Effective
Substitute Original Sheet No. 457D Substitute Original Sheet No. 457D : Effective
NORTHERN BORDER PIPELINE COMPANY
MASTER ELECTRONIC TRANSACTIONS AGREEMENT
information provided by Northern Border or Customer's use of Northern
Border's computer, Internet or communication facilities or systems,
except that Northern Border 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 Northern Border. Customer agrees that exercise
of any and all rights or remedies at law or in equity against the
individual partners of Northern Border 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 Nebraska (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
Nebraska. Douglas 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 Northern Border's FERC Gas Tariff, as amended from 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