Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2001, Docket: RP02- 14-002, Status: Effective

Original Sheet No. 96 Original Sheet No. 96 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(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 an 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.