Southern Star Central Gas Pipeline, Inc.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 05/01/2003, Docket: RP03-352-000, Status: Effective
Original Sheet No. 505 Original Sheet No. 505 : Effective
FORM OF
ELECTRONIC DATA INTERCHANGE
TRADING PARTNER AGREEMENT
3.3 Validity; Enforceability.
3.3.1. This Agreement has been executed by the parties to evidence
their mutual intent to create binding obligations pursuant
to the electronic transmission and receipt of Documents
specifying certain of the applicable terms.
3.3.2. Any Document properly transmitted and properly received
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 affixed, a Signature Code
("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.
3.3.3. The conduct of the parties pursuant to this Agreement,
including the use of Signed Documents properly transmitted
and properly received pursuant to this Agreement, shall, for
all legal purposes, evidence a course of dealing and a
course of performance accepted by the parties in furtherance
of this Agreement, any Transaction and any other written
agreement described in Section 3.1.
3.3.4. The parties agree not to contest the validity of
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.