Pacific Gas Transmission Company

First Revised Volume No. 1-A

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Effective Date: 02/02/1998, Docket: GT98- 17-002, Status: Effective

Substitute First Revised Sheet No. 197 Substitute First Revised Sheet No. 197 : Effective

Superseding: Original Sheet No. 197

FORM OF SERVICE AGREEMENT

APPLICABLE TO ELECTRONIC DATA INTERFACE

 

4.5.1. Nothing contained herein shall be construed to require

either party to settle a strike or lockout by acceding against

its judgment to the demands of the opposing parties. No such

cause described in paragraph 4.5 affecting the performance of

either party shall continue to relieve such party from its

obligation after the expiration of a reasonable period of time

within which by the use of due diligence such party could have

remedied the situation preventing its performance, nor shall any

such cause relieve either party from any obligation unless such

party shall give notice thereof in writing to the other party

with reasonable promptness; and like notice shall be given upon

termination of such cause. Further, inasmuch as this Agreement

relates solely to the EDI Process, no such cause as described in

paragraph 4.5 shall, by the force of this Agreement, have any

effect on other agreements or tariffs affecting the parties;

specifically, no such cause as described in paragraph 4.5 shall

affect User's obligation to pay any charges otherwise due to PG&E GT-NW.

 

4.6. 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 Documents pursuant to this Agreement, even if either party

has been advised of the possibility of such damages and

REGARDLESS OF NEGLIGENCE OR FAULT. Any limitation on direct

damages to software and hardware arising from this Agreement

shall be set forth in Appendix A.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Continued)