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. 286 Original Sheet No. 286

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(f) Security Procedures. Each party shall be responsible for ensuring that all electronic executions

with Signatures and all transmissions of Documents are authorized, and for protecting its business records and

data from improper access. Parties shall be responsible for securing physical access to each of its computers

utilizing Navigates software and for keeping confidential its User Identification(s) and Password(s).

Transporter reserves the right to invalidate any User Identification or Password if it suspects a security

breach.

 

(g) Transmissions.

 

(1) Proper Receipt. Documents shall not be deemed to have been properly received, and no

Document shall give rise to any obligation, until it has been received as determined in accordance

with Section 2.15 of the General Terms and Conditions.

 

(2) Acknowledgment. Upon proper receipt of any Document, the receiving party shall promptly

and properly transmit electronically a functional acknowledgement of receipt, unless otherwise

specified in the Transaction List. A functional acknowledgement shall constitute conclusive evidence

a Document has been properly received.

 

(3) Acceptance. If acceptance of a Document is required by the Transaction List, the proper

receipt of any such Document shall not give rise to any obligation unless and until the party

initially transmitting such Document has properly received in return an Acceptance Document (as

specified in the Transaction List).

 

 

(h) Pro Forma Service Agreement. When a party affixes its Signature to a Contract and transmits the

Contract to Transporter in accordance with Section 5.7(g) above, it shall be bound, as applicable, by (i) the

terms and conditions of the applicable pro forma Service Agreement or Assignment Agreement contained in this

Tariff corresponding to the Rate Schedule under which that party is seeking service, or (ii) the terms and

conditions of any generally available, nonjurisdictional agreement or contract that is a Document. The date

of Transporter's acceptance of an executed and properly transmitted Contract under Section 5.7(g) shall be

deemed to be the date of execution for purposes of the Contract and that execution date shall apply to any

subsequently issued paper copy of the Contract that Transporter tenders to Shipper. The effective date and

term of the Contract shall be determined in accordance with the provisions of Section 5.3 of the General Terms

and Conditions, but Transporter shall not be obligated to provide service to Subscriber prior to the date of

acceptance.

 

(i) Replacement With Paper Copies of Service Agreements. (1) Transporter may terminate a Contract

entered into electronically, and providing for firm service with a term of one year or more, 30 days after the

date of execution, as determined in accordance with Section 5.7(h), unless Shipper executes in original

handwriting a paper copy of that Service Agreement and returns it to Transporter prior to the expiration of

such 30-day period. Transporter shall send the Service Agreement to Shipper through the EBB in sufficient

time to enable Shipper to print, execute, and return a paper copy of that Service Agreement prior to the 30-

day termination date.

 

(j) Termination. Except as stated in Section 5.7(f), the Electronic Contracting Agreement shall

remain in effect until terminated by either party with at least 30 days prior written notice, which notice

shall specify the effective date of termination; provided that: (i) the effective date of termination shall

not precede the termination of any electronic Service Agreement or Transaction; (ii) any termination shall

not affect the respective obligations or rights of the parties arising under any electronic Service Agreement

or Documents, or otherwise arising under this Section prior to the effective date of termination; and (iii)

any such termination by Transporter shall be only for due cause or upon the request of Shipper.