Mobile Bay Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-155-003, Status: Effective

Original Sheet No. 363 Original Sheet No. 363 : Effective

 

 

ELECTRONIC DATA INTERCHANGE TRADING PARTNER AGREEMENT

(Continued)

 

Section 3. Transaction Terms.

 

3.1. Regulations. Notwithstanding Section 4.1 hereof, if any party

determines that this Agreement is in conflict with either that party's

existing tariff or an obligation imposed by a governmental entity exercising

jurisdiction over that party, then the affected party shall give immediate

written notice to the other party defining which terms of this Agreement are

affected and the reasons therefor. The affected party may also provide notice

of termination of this Agreement as provided in Section 4.1 hereof, effective

immediately upon receipt of such notice by the other party to this Agreement.

 

3.2. Validity, Enforceability and Confidentiality. Any Document properly

transmitted pursuant to this Agreement shall be considered to be a "writing"

or "in writing" pursuant to applicable law. Any Document when containing, or

to which there is affixed, a Digital Code (a "Signed Document") shall be

deemed for all purposes hereunder and at law 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. The conduct of

the parties pursuant to this Agreement, including the use of any Signed

Document properly transmitted pursuant to this Agreement, shall, for all legal

purposes, evidence a course of dealing and a course of performance accepted by

the parties in furtherance of this Agreement and the transportation agreements

between the parties. 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. A Signed Document, 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 a Signed Document under either the business records exception to the

hearsay rule or the best evidence rule on the basis that the Signed Document

was not originated or maintained in documentary form. No information

contained in any Document shall be considered confidential except as provided

by the transportation agreements between the parties, other written agreements

between the parties or by applicable law.

 

Section 4. Miscellaneous.

 

4.1. Term. This Agreement shall be effective as of the date first set

forth above 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, should either party utilize this Agreement for

purposes other than the Transactions contemplated hereby or for any illegal

purpose, the other party may immediately terminate this Agreement by written

notice; provided further, any termination shall not affect the respective

obligations or rights of the parties arising under any Documents effectively

communicated under this Agreement prior to the effective date of

termination.