Vector Pipeline L.P.

Original Volume No. 1

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Effective Date: 12/01/2000, Docket: CP98-133-005, Status: Effective

Original Sheet No. 251 Original Sheet No. 251 : Effective

 

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.