Transcolorado Gas Transmission Company LLC

Second Revised Volume No. 1

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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective

Original Sheet No. 416 Original Sheet No. 416 : Effective



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