Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 6-005, Status: Effective

Original Sheet No. 151C Original Sheet No. 151C : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

(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' manual 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.