TransColorado Gas Transmission Company
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
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First Revised Sheet No. 416 First Revised Sheet No. 416 : Superseded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.