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
(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.