Northern Border Pipeline Company
First Revised Volume No. 1
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Effective Date: 10/01/2005, Docket: RP05-616-000, Status: Effective
First Revised Sheet No. 483 First Revised Sheet No. 483 : Effective
Superseding: Original Sheet No. 483
ELECTRONIC COMMUNICATION AGREEMENT
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
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 NEBRASKA, excluding any conflicts of law, rule or principle
that might refer same to the laws of another jurisdiction.