Gas Transmission Northwest Corp.
Third Revised Volume No. 1-A
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Effective Date: 10/06/2003, Docket: RP04- 23-000, Status: Effective
Original Sheet No. 311 Original Sheet No. 311 : Effective
FORM OF SERVICE AGREEMENT
APPLICABLE TO ELECTRONIC DATA INTERFACE
4.5.1. Nothing contained herein shall be construed to require
either party to settle a strike or lockout by acceding against
its judgment to the demands of the opposing parties. No such
cause described in paragraph 4.5 affecting the performance of
either party shall continue to relieve such party from its
obligation after the expiration of a reasonable period of time
within which by the use of due diligence such party could have
remedied the situation preventing its performance, nor shall any
such cause relieve either party from any obligation unless such
party shall give notice thereof in writing to the other party
with reasonable promptness; and like notice shall be given upon
termination of such cause. Further, inasmuch as this Agreement
relates solely to the EDI Process, no such cause as described in
paragraph 4.5 shall, by the force of this Agreement, have any
effect on other agreements or tariffs affecting the parties;
specifically, no such cause as described in paragraph 4.5 shall
affect User's obligation to pay any charges otherwise due to GTN.
4.6. 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 Documents pursuant to this Agreement, even if either party
has been advised of the possibility of such damages and
REGARDLESS OF NEGLIGENCE OR FAULT. Any limitation on direct
damages to software and hardware arising from this Agreement
shall be set forth in Appendix A.
(Continued)