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. 223 Original Sheet No. 223 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

2. Execution. Pursuant to the provisions of this Section and the EEFA,

Transporter and Shippers may enter into transactions and create binding

obligations by means of electronic facsimile execution of documents

pursuant to the EEFA. 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 electronic facsimile pursuant to the specified procedures set

forth in the EEFA, and all previously executed documents using electronic

facsimile execution, 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.

 

10. NOMINATIONS, CONFIRMATIONS AND SCHEDULING

 

A. Nominations

1. General

Except in the event of a failure of electronic nomination communication

equipment, Internet or third party communication equipment, or other

similar emergency event, Shipper shall furnish an electronic nomination in

the format set forth in the NAESB Standards. Transporter may allow Shipper

to submit written nominations in the event of a failure of electronic

nomination communication equipment, Internet, or third party service

provided, however, that such event shall be documented by an affidavit

provided by Shipper to Transporter within one (1) business day of such

event. Moreover, any such requests for emergency treatment shall be

handled on a not unduly discriminatory basis by Transporter.

 

All quantities shall be reflected in Dekatherms per day and shall be nominated as

receipts onto and deliveries off of contracts between Shipper and Transporter and

those quantities which are scheduled by Transporter shall be as set forth in

Section 10.B herein.