Transwestern Pipeline Company

Second Revised Volume No. 1

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Effective Date: 01/01/2003, Docket: RP00-490-002, Status: Effective

Original Sheet No. 160 Original Sheet No. 160 : Effective

 

Form of Service Agreement - Form S

Rate Schedule SP-1

 

 

6. Texas Law. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH

THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST OR

PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL,

INCIDENTAL OR INDIRECT LOSSES OR DAMAGES (IN TORT, CONTRACT OR OTHERWISE)

UNDER OR IN RESPECT OF THIS AGREEMENT OR FOR ANY FAILURE OF PERFORMANCE

RELATED HERETO HOWSOEVER CAUSED, WHETHER OR NOT ARISING FROM A PARTY'S SOLE,

JOINT OR CONCURRENT NEGLIGENCE.

7. Other Provisions. The Parties agree that facsimile copies, when

properly executed and transmitted, shall be considered for all purposes to be

an original contract, and shall be deemed for all purposes to be binding

agreements. To submit a Transportation Service Agreement via fax, the entire

Agreement must be faxed to Transwestern's Market Services Department at (713)

646-8260. The agreement must also be properly executed. Upon Transwestern's

acceptance and execution, an executed copy will be returned via fax to the

number appearing on the faxed offer or such other number as directed. Upon

Shipper's request, Transwestern will also, or in the alternative, furnish

Shipper with a paper copy of the executed Agreement.

Any notice, statement, or bill provided for in this Agreement shall be

in writing and shall be considered as having been given if delivered

personally, or if mailed by United States mail, postage prepaid, or if sent

by express mail, overnight delivery, telex, telecopy or other mutually