Columbia Gas Transmission LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective
Original Sheet No. 285 Original Sheet No. 285
GENERAL TERMS AND CONDITIONS (Cont'd)
5.6 Choice of Law. Unless otherwise specifically stated in the Service Agreement, interpretation of the
provisions of all Service Agreements or other agreements entered into between Shipper and Transporter,
including any provisions of this Tariff related to such agreements, and any disputes arising from such
agreements, shall be governed by the law of the State of West Virginia.
5.7 Electronic Contracting Agreement.
(a) In General. Transporter and Shipper may, and when required by the Tariff shall, enter into new or
amended Service Agreements or Assignment Agreements by electronic communications through Transporter's
Electronic Bulletin Board (EBB). Transporter and Shipper may also by mutual agreement enter into any other
contract through electronic communications. Service Agreements, Assignment Agreements pursuant to Section 14
(Release and Assignment of Service Rights) and other agreements are collectively referred to as "Contracts" in
this Section 5.7. The consummation of Contracts electronically shall be governed by the provisions of this
Section 5.7 and the Electronic Contracting Agreement.
(b) When Required. Shipper shall be required to enter into a Contract electronically if Shipper
desires to commence service within five business days after a contract is awarded.
(c) Prerequisites. Requestor shall not be eligible to enter into a Contract electronically until
Requestor (i) has been placed on Transporter's Approved Bidder's List in accordance with Section 3.2 of the
General Terms and Conditions and (ii) has executed and submitted to Transporter an Electronic Contracting
Agreement in the form contained in this Tariff. Requestor shall execute the Electronic Contracting Agreement
in duplicate by original handwritten signature(s) on paper and forward it to Transporter via mail or other
delivery service at least 15 business days in advance of bidding for or requesting a Contract. The
requirement in this Section 3.2 of timely submission of an executed Electronic Contracting Agreement may not
be satisfied by facsimile transmission of an executed document, or any other method that results in
Transporter receiving only a copy of a signature. Upon receipt of the executed Electronic Contracting
Agreement, the Approved Bidder List shall be updated to reflect Requestor's eligibility to enter into
Contracts electronically.
(d) Documents; Standards. Transporter and Shipper may, and when required by the Tariff shall,
electronically transmit to or receive from the other party any of the electronic forms (including Contracts)
listed by Transporter, currently or in the future, on the Transaction List posted on Navigates, (collectively
"Documents"). Any transmission of data that is not a Document shall have no force or effect between the
parties unless justifiably relied upon by the receiving party. All Documents shall be transmitted in
accordance with the standards set forth in the EBB User's Guide, as it may be amended or supplemented from
time to time by Transporter.
(e) Signatures. Transporter shall adopt as its signature an electronic identification, and
Transporter shall furnish to Subscriber one or more unique electronic identifications (User Identification and
Password), consisting of symbol(s) or code(s), which are to be electronically affixed to or placed in each
Document transmitted by such party ("Signatures"). The employee(s) or officer(s) designated by Subscriber in
Appendix A of the Electronic Contracting Agreement shall perform the contracting function for Subscriber and
thereby legally bind Subscriber to any Contract with Transporter by use of that person's assigned User
Identification and Password. By entering into the Electronic Contracting Agreement, Subscriber represents and
warrants that (i) the employee(s) or officer(s) identified in Appendix A thereof have been duly and legally
authorized to enter into and execute Contracts electronically on behalf of Subscriber, and (ii) all other
persons designated by Subscriber to receive a User Identification and Password have been duly authorized to
send and receive Documents other than Contracts. The Signature of a party affixed to or contained in any
transmitted Document shall be irrebuttable proof that such party originated such Document. Neither party
shall disclose to any unauthorized person the Signatures of the other party.