Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 02/01/2010, Docket: RP10-205-001, Status: Effective

First Revised Sheet No. 60J First Revised Sheet No. 60J

Superseding: Original Sheet No. 60J

 

FORM OF

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT

 

Section 4. Miscellaneous

 

4.1 Term. This Agreement shall be effective as of the date first set forth

above and shall remain in effect until terminated by either party with not

less than 30 days prior written notice specifying the effective date of

termination; provided, however, that written notice for purposes of this

paragraph shall not include notice provided pursuant to an EDI transaction;

further provided, however, that any termination shall not affect the

respective obligations or rights of the parties arising under any Documents or

otherwise under this Agreement prior to the effective date of termination.

 

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 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. This Agreement and the TPW constitute the

entire understanding between the parties regarding EDI.

 

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.