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.