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.