Southern Star Central Gas Pipeline, Inc.

Original Volume No. 1

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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.