TransColorado Gas Transmission Company

Original Volume No. 1

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Effective Date: 05/15/2000, Docket: GT00- 25-000, Status: Effective

First Revised Sheet No. 416 First Revised Sheet No. 416 : Superseded

Superseding: Original Sheet No. 416

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.