TransGas Comprehensive Tariff
Article 12 Dispute Mechanism 12.1) Any dispute or controversy arising from the Electronic Business Service Specifications and TransGas’ operation of Electronic Business Services on the Secure Zone, whether arising in tort, contract or otherwise, shall be resolved as provided in the Tariff. During the process of the dispute resolution, the parties shall continue performance of their respective obligations under these terms and conditions. Prior to resorting to mediation or arbitration, the parties agree to consult about any differences they may have under the terms and conditions herein. Article 13 Miscellaneous 13.1) The terms and conditions herein, including all schedules, attachments and terms incorporated by reference, are the complete and exclusive statement of the terms and conditions between the Customer and TransGas and supersede any proposal, prior, oral or written agreement of understanding, and any other communications between the Customer and TransGas relating to the subject matter herein. 13.2) The terms and conditions and the Electronic Business Service Specifications shall be construed in accordance with, and the rights of the parties governed by, the laws in force in the Province of Saskatchewan, Canada. The parties agree to irrevocably attorn to the jurisdiction of the courts of Saskatchewan, and further agree that any proceedings shall only be taken in respect of these terms and conditions in such court. The Electronic Business Services and information described in this Secure Zone are not available outside of Canada. Should any provisions of these terms and conditions be illegal, void or otherwise unenforceable, such provisions shall be severed from the rest of the terms and conditions, and the remaining terms and conditions shall remain in full force and effect and be binding upon the parties as though such unenforceable provisions had never been included. 13.3) It is agreed by and between the parties that whenever the context of the terms and conditions so requires the singular number, it shall include the plural and vice versa, and that in the case where more than one person or entity is named as Customer, the liability of such person or entity shall be joint and several. 13.4) The provisions regarding Force Majeure in the Tariff are incorporated herein. 13.5) Notwithstanding anything else in these Electronic Service Specifications to the contrary, the parties agree that Articles 4, 5, 6, 7, 8 and 11 shall survive the expiration or termination of the Customer’s TransGas Contract, to the extent required for the full observation and performance by either or both parties hereto. Any accrued but unsatisfied obligations of either party hereunder shall survive the expiration or termination of the Electronic Business Service until discharged or satisfied in full. 13.6) Subject to the terms hereof, the Electronic Business Service Specifications shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, assigns and legal representatives.
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Service Specifications 3.5 Electronic Business
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