Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 03/21/1999, Docket: RP99-230-000, Status: Effective

Second Revised Sheet No. 758 Second Revised Sheet No. 758 : Effective

Superseding: First Revised Sheet No. 758

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT (Continued)

 

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.