Transcolorado Gas Transmission Company LLC
Second Revised Volume No. 1
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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective
Original Sheet No. 415 Original Sheet No. 415 : Effective
TRADING PARTNER AGREEMENT
for the Electronic Data Interchange
of Information Over the Public Internet
Section 4. Miscellaneous. (Continued)
4.2. Severability. If any provision of this Agreement is determined to
be invalid or unenforceable, then as of such determination, this Agreement in
its entirety shall be deemed ineffective and unenforceable by the parties.
4.3. Entire Agreement. This Agreement, the Appendix and any duly
executed amendments or exhibits thereto shall 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 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. There are no third party beneficiaries to this Agreement.
4.4. Governing Law. This Agreement shall be governed by, interpreted
and enforced in accordance with the laws of the state of Texas, without regard
to its conflicts of laws provisions.
4.5. 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.