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. 416 Original Sheet No. 416 : Effective
TRADING PARTNER AGREEMENT
for the Electronic Data Interchange
of Information Over the Public Internet
Section 4. Miscellaneous. (Continued)
4.6. Exclusion of 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 Documents pursuant to this Agreement, even if either party
has been advised of the possibility of such damages and REGARDLESS OF FAULT.
Damages are limited to direct damages to software and hardware arising from
this Agreement and shall be set forth in the Appendix.
4.7. Notices. Unless otherwise provided in this Agreement, 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 Appendix to the addressee party at such
party's address as set forth in the Appendix. Either party may change its
address for the purpose of notice hereunder by giving the other party no less
than five (5) days prior written notice of such new address in accordance with
the preceding provisions.
4.8. Assignment. This Agreement may not be assigned or transferred by
either party without the prior written approval of the other party, which
approval shall not be unreasonably withheld; provided, any assignment or
transfer, whether by merger or otherwise, to a party's affiliate or successor
in interest shall be permitted without prior consent if such party assumes
this Agreement.
4.9. Waivers. No forbearance by any party to require performance of any
provision of this Agreement shall constitute or be deemed a waiver of such
provision or any other or the right thereafter to enforce it.
4.10. Counterparts. This Agreement may be executed in any number of
original counterparts all of which shall constitute but one and the same
instrument.