Centerpoint Energy Gas Transmission Company

Sixth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 02/28/2003, Docket: RP03-239-000, Status: Effective

Original Sheet No. 801 Original Sheet No. 801 : Effective

 

Section 3. Terms

 

3.1 Transaction Terms and Conditions. This Agreement is intended to facilitate Data Communications between the

parties concerning the transactions related to transportation or sales conducted pursuant to underlying written

agreements. In the event of conflict between this Agreement and the subject underlying written agreement(s),

the terms and conditions of the underlying agreement(s) shall control.

 

3.2 Terms and Conditions of Reports and Other Information. In the absence of any other written agreement

applicable to reports and other information transmitted pursuant to this Agreement, such reports and other

information shall be subject to:

 

[A] those terms and conditions, including any terms for payment, included in the Exhibit(s); and

 

[B] such additional terms and conditions as may be determined in accordance with applicable law.

 

3.3 Change in Terms and Conditions. Notwithstanding Section 4.1 of this Agreement, if any party determines

that Data Communications under this Agreement are altered by a subsequent change to a party's tariff or

obligation imposed by a governmental entity exercising jurisdiction over that party, then the affected party

shall give immediate notice defining which Data Communications under this Agreement are affected, and the

reasons therefore, and may provide notice of termination of this Agreement as provided in Section 4.8, effective

immediately upon receipt of such notice by the other party to this Agreement.

 

3.4 Confidentiality. No information contained in any Document or otherwise exchanged between the parties shall

be considered confidential, except to the extent provided in Section 1.5 or in the Exhibit(s), by written

agreement between the parties, or by applicable law.

 

3.5 Validity: Enforceability

 

3.5.1 This Agreement has been executed by the parties to evidence their mutual intent to be bound by the

terms and conditions set forth herein relating to the electronic transmission and receipt of Data

Communications.

 

3.5.2 Any Document properly transmitted pursuant to this Agreement shall be considered, in connection

with any transaction, any other written agreement described in Section 3.1, or this Agreement, to be a "writing"

or "in writing"; and any such Document when containing, or to which there is applied, a Digital Signature

("Signed Documents") shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an

"original" when printed from electronic files or records established and maintained in the normal course of

business.

 

3.5.3 The parties agree not to contest the validity or enforceability of Signed Documents under the

provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the

party to be bound thereby. Signed Documents, if introduced as evidence on paper in any judicial, arbitration,

mediation or administrative proceedings, will be admissible as between the parties to the same extent and

under the same conditions as other business records originated and maintained in documentary form. Neither

party shall contest the admissibility of copies of Signed Documents under either the business records

exception to the hearsay rule or the best evidence rule on the basis that the Signed Documents were not

originated or maintained in documentary form.