Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 168 Original Sheet No. 168

 

(b) LIMITATION OF LIABILITY; EQUITABLE REMEDIES

 

EXCEPT AS PART OF ANY EXPRESS REMEDY PROVIDED FOR

SPECIFICALLY IN THIS AGREEMENT OR ANY RELATED AGREEMENT,

NEITHER PARTY SHALL BE LIABLE TO ANY OTHER PARTY (INCLUDING

A THIRD-PARTY BENEFICIARY, IF ANY) FOR ANY SPECIAL,

EXEMPLARY, PUNITIVE, CONSEQUENTIAL (INCLUDING ANY LOST

PROFIT, REVENUE OR OPPORTUNITY) OR INCIDENTAL DAMAGES OR ANY

EQUITABLE REMEDIES ARISING OUT OF OR RELATED TO A BREACH OF

THIS AGREEMENT OR ANY OTHER CLAIM (WHETHER IN TORT OR

OTHERWISE) ARISING THEREFROM, EXCEPT TO THE EXTENT ARISING

FROM SUCH PARTY'S GROSS NEGLIGENCE OR INTENTIONAL

MISCONDUCT.

 

(c) ATTORNEYS FEES; LITIGATION EXPENSES

 

EXCEPT AS PART OF ANY EXPRESS REMEDY PROVIDED FOR

SPECIFICALLY HEREIN OR IN ANY RELATED AGREEMENT, NEITHER

PARTY SHALL BE LIABLE TO OR SHALL CLAIM FROM ANY OTHER PARTY

ANY COURT COSTS, LITIGATION EXPENSES, OR ANY FEES OR

EXPENSES PAID OR OWING TO ATTORNEYS, EXPERTS, CONSULTANTS,

OR WITNESSES RETAINED FOR ANY DISPUTE OR CLAIM HEREUNDER OR

IN ANY WAY RELATED HERETO.

 

7.3 No modification of or supplement to the terms and provisions

hereof shall be or become effective except by execution of a

supplementary written agreement between the Parties.

 

7.4 This Agreement shall bind and benefit the successors and assigns

of the respective Parties hereto. Neither Party may assign this

Agreement without the prior written consent of the other Party, which

consent shall not be unreasonably withheld; provided, however, that

either Party may assign or pledge this Agreement under the provisions of

any mortgage, deed of trust, indenture or similar instrument.

 

7.5 Exhibits A, B, __________________________, if applicable, attached

to this Agreement constitute a part of this Agreement and are

incorporated herein.

 

7.6 This Agreement is subject to all present and future valid laws and

orders, rules, and regulations of any regulatory body of the federal or

state government having or asserting jurisdiction herein. After the

execution of this Agreement, each Party shall make and diligently

prosecute all necessary filings with federal or other governmental

bodies, or both, as may be required for the initiation and continuation

of the transportation service which is the subject of this Agreement.