Columbia Gas Transmission LLC

Third Revised Volume No. 1

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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.