Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-103-002, Status: Effective

Original Sheet No. 60K Original Sheet No. 60K : Effective







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 FAULT. Any limitation on direct damages to

software and hardware arising from this Agreement shall be set forth in the Appendix.


4.7. Notices. 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 provisions of this Agreement

shall constitute or be deemed a waiver of such provision 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.


Each party has caused this Agreement to be properly executed on its behalf as of the date first above



Company Name:______________________ Company Name:_________________________

By:________________________________ By:___________________________________

Name:______________________________ Name:_________________________________

Title:_____________________________ Title:________________________________