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. 287 Original Sheet No. 287

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(k) Garbled Transmissions. If any transmitted Document is received in an unintelligible or garbled

form, the receiving party shall promptly notify the originating party (if identifiable from the received

Document) in a reasonable manner. In the absence of such a notice (where the originating party can be

identified), the originating party's record of the contents of such Document shall control.

 

(l) Terms and Conditions of Electronic Contracting Agreement. The terms and conditions set forth in

this Section 5.7(l) shall apply to the Electronic Contracting Agreements entered into by Transporter and

Shippers.

 

(1) The Electronic Contracting Agreement shall be considered to be an integral part of any

Contract heretofore or hereafter entered into between Transporter and Shipper.

 

(2) Execution of the Electronic Contracting Agreement shall evidence the parties' mutual

intent to create binding contractual obligations by means of the electronic transmission and receipt

of Documents.

 

(3) Any Document properly transmitted shall be deemed (in connection with any Transaction,

Contract, or Electronic Contracting Agreement) to be a "writing" or "in writing"; and any such

Document that includes a Signature ("Signed Documents") shall be deemed for all purposes (i) to have

been "signed" and (ii) to constitute an "original" when printed from electronic files or records

established and maintained in the normal course of business.

 

(4) The conduct of the parties under an Electronic Contracting Agreement, including the use of

properly transmitted Signed Documents, shall, for all legal purposes, evidence a course of dealing and

a course of performance accepted by the parties in furtherance of any Transaction, Contract, or

Electronic Contracting Agreement.

 

(5) By executing the Electronic Contracting Agreement, the parties agree not to contest or

assert as a defense the validity or enforceability of Signed Documents under the provisions of any

law, including the Statute of Frauds, 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 the business records exception to the hearsay rule, the best evidence rule, or any

other statute or rule of like kind or character on the basis that the Signed Documents were not

originated or maintained in documentary form or any form not contemplated in the Electronic

Contracting Agreement.

 

(6) Severability. Any provision of the Electronic Contracting Agreement that is determined to

be invalid or unenforceable will be ineffective to the extent of such determination without

invalidating the remaining provisions of the Electronic Contracting Agreement or affecting the

validity or enforceability of such remaining provisions.