Columbia Gulf Transmission Company

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-166-005, Status: Effective

Original Sheet No. 412 Original Sheet No. 412 : Effective

 

TRADING PARTNER AGREEMENT

FOR

ELECTRONIC DATA INTERCHANGE (Cont'd)

 

 

2.3. Acceptance. If acceptance of a Document is required by the Appendix, any such Document which has been

properly received 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 Appendix).

 

2.4 Garbled Transmissions.

 

2.4.1 If any transmitted Document is received in an unintelligible or garbled form, the receiving party

shall promptly notify the originating party (if originating party is identifiable from the received Document)

in a reasonable manner. In the absence of such a notice and where a functional acknowledgment or response

document has resulted, the originating party's records of the contents of such Document shall control.

 

2.4.2 If any party discovers errors or discrepancies in data transmitted under this Agreement, then that

party shall notify the other party and the originating party shall use reasonable efforts to correct and

retransmit such data to the other.

 

2.5. Retransmissions. If the originating party of a Document has not properly received a corresponding

functional acknowledgment or response document within the Retransmission Timeframe indicated in the Appendix,

the originating party shall retransmit the Document.

 

Section 3. Transaction Terms.

 

3.1. Terms and Conditions. This Agreement is to be considered part of any other written agreement referencing

it or referenced in the Appendix. In the absence of any other written agreement applicable to any Transaction

made pursuant to this Agreement, such Transaction (and any related communication) also shall be subject to

those terms and conditions, including any terms for payment, included in the Appendix.

 

The terms of this Agreement shall prevail in the event of any conflict with any other terms and conditions

applicable to any Transaction. Notwithstanding the foregoing and Section 4.1 of this Agreement, if any party

determines that this Agreement is in conflict with either that party's existing tariff or an obligation imposed

by a governmental entity exercising jurisdiction over that party, then the affected party shall give immediate

notice defining which terms of this Agreement are affected, and the reasons therefor, and may provide notice

of termination of this Agreement as provided in Section 4.7, effective immediately upon receipt of such notice

by the other party to this Agreement.

 

3.2. Confidentiality. No information contained in any Document or otherwise exchanged between the parties

shall be considered confidential, except to the extent provided in Section 1.5, by written agreement between

the parties, or by applicable law.

 

3.3. Validity: Enforceability.

 

3.3.1. This Agreement has been executed by the parties to evidence their mutual intent to create binding

obligations pursuant to the electronic transmission and receipt of Documents specifying certain of the

applicable terms.

 

3.3.2. Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with

any Transaction, any other written agreement described in Section 3.1, or this Agreement, to be a "writing"

or "in writing"; and any such Document when containing, or to which there is affixed, a Signature Code ("Signed

Documents") shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an "original"

when printed from electronic files or records established and maintained in the normal course of business.