Crossroads Pipeline Company
First Revised Volume No. 1
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Effective Date: 11/01/2001, Docket: RP02- 14-000, Status: Effective
Original Sheet No. 77 Original Sheet No. 77 : Superseded
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' 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.