Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective

Original Sheet No. 221 Original Sheet No. 221 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

Transporter will periodically archive transactions from the TECM files when

transactions have been completed. Information on the most recent entries

will appear ahead of older information. Service agreements, amendments to

service agreements and other contracts shall be maintained in Transporter's

files in accordance with all laws and regulations and Transporter's record

retention policy.

 

c. Transporter shall also post Relinquishment Notices, notice of Capacity

Relinquishment Bidding Periods and all bids of Acquiring Shippers in

accordance with the provisions of Section 18 of these General Terms and

Conditions.

 

d. Prior to issuance of the user identification and password, each TECM Party

shall have executed the TECM Agreement. Transporter shall not assess costs

related to the TECM, but may seek to include such costs in a Section 4 rate

filing.

 

The foregoing provisions set forth the standards applicable to Transporter's TECM.

Nothing herein shall prevent Transporter from making modifications to the TECM

provided such changes are consistent with this Section.

 

2. Electronic Execution of Documents

 

a. Execution. Pursuant to the provisions of this Section and the TECM

Agreement, Transporter and Shippers may enter into transactions and create

binding obligations by means of electronic execution of documents on the

TECM. These documents include, but are not limited to, service agreements,

amendments to service agreements, PNR purchase order confirmations, Operating

Accounting Agreements, Operational Balancing Agreements, designee forms and

any other agreements that Transporter shall make available on the TECM

("Documents"). Execution of these Documents by means of a "click" on the

designated space, pursuant to the specified procedures set forth in the TECM,

shall be considered, in connection with any transaction, to be a "writing" or

"in writing" and any such Document shall be deemed for all purposes (a) to

have been "signed" ("Signed Document") and (b) to constitute an "original"

when printed from electronic files or records established and maintained in

the normal course of business. All parties agree not to contest the validity

or enforceability of such Signed Documents 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. Further, Signed Documents, if

introduced as evidence on paper in any judicial arbitration, mediation or

administrative proceeding, 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 forms.