Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 01/14/2006, Docket: RP06-145-000, Status: Effective

Third Revised Sheet No. 396 Third Revised Sheet No. 396 : Effective

Superseding: Second Revised Sheet No. 396

FORM OF ELECTRONIC CONTRACTING AGREEMENT

 

 

 

THIS ELECTRONIC CONTRACTING AGREEMENT (the "Agreement") is made as of ______________, 20___, by and among

COLUMBIA GAS TRANSMISSION CORPORATION, a Delaware corporation (Columbia Gas); COLUMBIA GULF TRANSMISSION

COMPANY, a Delaware corporation (Columbia Gulf); and CROSSROADS PIPELINE COMPANY, an Indiana corporation

(Crossroads) all with offices at 1700 MacCorkle Avenue, S.E., Charleston, West Virginia 25314 (collectively

"Pipeline") and ___________________ ("Subscriber"), a ________________ corporation, with offices at

_____________________.

 

RECITALS

 

WHEREAS, Pipeline and Subscriber have entered into or may in the future enter into one or more new or amended

Service Agreements or Assignment Agreements pursuant to the provisions of Pipeline's effective FERC Gas Tariff,

Second Revised Vol. No. 1 (Tariff), on file with the Federal Energy Regulatory Commission, or nonjurisdictional

agreements or contracts (collectively "Contracts"); and

 

WHEREAS, Pipeline provides an Electronic Bulletin Board service through the Columbia Navigator, which includes

an electronic data interchange component, pursuant to Section 2 of the General Terms and Conditions (GTC) of

the Tariff; and

 

WHEREAS, Pipeline and Subscriber desire to facilitate the provision and receipt of service for their mutual

benefit by entering into Contracts and transacting business under such Contracts by electronically transmitting

and receiving data through Navigator in agreed formats ("Transactions") in substitution for conventional paper-

based documents, and further desire to assure that such Transactions and Contracts are not legally invalid or

unenforceable as a result of the use of available electronic technologies; and

 

WHEREAS, the terms and conditions governing electronic contracting are contained in GTC Section 5.7;

 

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and the benefits to be

derived, the parties, intending to be legally bound, agree as follows:

 

1. Any Contract entered into electronically between the parties shall be governed by the

provisions of said GTC Section 5.7, as it may be amended or modified from time to time, which is incorporated

herein by reference.

 

2. The provisions of GTC Sections 2 [Electronic Bulletin Board], 5 [Service Agreement], 15

[Force Majeure], 27 [Schedules and Contracts Subject to Regulation and Revision] and 28 [Notices] of the Tariff

are incorporated herein by reference and shall bind the parties with respect to this Agreement.

 

3. The person(s) designated and properly authorized by Subscriber to bind Subscriber to

Contracts through electronic communications and the use of the User Identification(s) and Password(s) assigned

to such person(s) is as follows:

 

4. If only one of the Pipelines executes this Agreement with the Subscriber, this Agreement

shall be binding only upon the Subscriber and the Pipeline that executed it. This Agreement need not be

executed by all three parties to be effective.