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Original Sheet No. 77 Original Sheet No. 77 : Superseded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.