El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 07/09/1997, Docket: RP97- 20-007, Status: Effective
Original Sheet No. 450 Original Sheet No. 450 : Effective
TRADING PARTNER AGREEMENT
for the Electronic Data Interchange
of Information Over the Public Internet
Section 3. Transaction Terms. (Continued)
3.3. Validity and 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 to be a "writing" or "in writing";
and any such Document when containing, or to which there is
affixed, a Signature Code ("Signed Document") shall be deemed
for all purposes to have been "signed" and to constitute an
"original" when printed from electronic files or records
established and maintained in the normal course of business.
3.3.3. The parties agree not to contest the validity or
enforceability of any Signed Document under the provisions of
any applicable law 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 either the
business records exception to the hearsay rule or the best
evidence rule on the basis that the Signed Documents were not
originated or maintained in documentary form.
Section 4. Miscellaneous.
4.1. Term. This Agreement shall be effective as of the date fully
executed by the parties and shall remain in effect until terminated by
either party with not less than 30 days prior written notice specifying the
effective date of termination; provided, however, that written notice for
purposes of this paragraph shall not include notice provided in an EDI
format; further provided, however, that a termination pursuant to this
section shall not affect the respective obligations or rights of the parties
arising under any Documents or otherwise under this Agreement prior to the
effective date of termination.