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. 546 Original Sheet No. 546 : Effective

 

FORM OF ELECTRONIC CONTRACTING AGREEMENT

 

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

CROSSROADS PIPELINE COMPANY, (“Crossroads), with offices at 1700 MacCorkle Avenue, S.E., Charleston, West

Virginia 25314 ("Pipeline") and ___________________ ("Subscriber"), 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, First 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), 28 (Schedules and Contracts Subject to Regulation and Revision) and 29 (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.

 

WHEREFORE, each party has caused this Agreement to be properly executed on its behalf effective as of

the date first above written.

 

CROSSROADS PIPELINE COMPANY SUBSCRIBER: ____________________________

 

 

By: ____________________________ By: ____________________________

 

Name: ____________________________ Name: ____________________________

 

Title: ____________________________ Title: ____________________________

 

Date: _____________________________ Date: ____________________________