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
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.