Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 06/01/1996, Docket: RP96-217-000, Status: Effective

First Revised Sheet No. 34 First Revised Sheet No. 34 : Superseded

Superseding: SUBSTITUTE ORIGINAL SHEET NO. 34

 

 

GENERAL TERMS AND CONDITIONS

____________________________

(continued)

 

Other Terms and Conditions

 

Each party, at its own expense, shall provide and maintain the equipment, software, services

and testing necessary to effectively and reliably transmit and/or receive documents, bids, notices,

and nominations. Any transmission by one party shall be binding upon receipt by the other party,

except that, if any transmission is received in an unintelligible or garbled form, the receiving

party shall promptly notify the other party, and such garbled or unintelligible transmission shall

not be deemed binding.

 

Any transmission properly transmitted shall be considered to be a writing or in writing; and any

such transmission containing, or to which there is affixed, Subscriber's USERID and password, 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 course of business (Signed Documents).

The parties agree not to contest the validity or enforceability of 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. 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.

 

Use of ACCELERATE is expressly subject to: (1) all of the General Terms and Conditions of

Great Lakes' effective FERC Gas Tariff(s); (2) all of the terms and conditions of any rate

schedule and service agreement that may be applicable to any transaction performed by ACCELERATE

Subscriber and Great Lakes by means of ACCELERATE; and (3) any superseding General Terms and

Conditions and rate schedules, all of which are incorporated by reference in this agreement.

In the event of a conflict between the terms and conditions of this agreement and any other

applicable terms and conditions set forth in Great Lakes' effective FERC Gas Tariffs that are

incorporated by reference in this agreement, such other terms and conditions shall govern ACCELERATE

Subscriber's use of ACCELERATE.

 

ARTICLE III TERM

 

This agreement shall be in full force and effect from the date of execution and shall continue until

terminated by either ACCELERATE Subscriber or Great Lakes on at least thirty (30)-days notice. ACCELERATE

Subscriber agrees that Great Lakes shall have the unilateral right to file with appropriate regulatory

authorities and to make changes effective in: (1) the rates and charges (if any) applicable to service

pursuant this agreement, (2) the terms and conditions of this agreement, or (3) any provision of the

General Terms and Conditions or Great Lakes' FERC Gas Tariffs and rate schedules applicable to this

agreement. Great Lakes agrees that ACCELERATE Subscriber may protest or contest those filings, and

ACCELERATE Subscriber does not waive any rights it may have with respect to such filings.

 

 

ARTICLE IV ADDRESSES

 

Except as otherwise provided for in this agreement or in the General Terms and Conditions or in Great

Lakes' FERC Gas Tariffs or in a specific service agreement, any notice, request, demand, statement, bill

or payment provided for in this agreement or in the General Terms and Conditions or in Great Lakes' FERC

Gas Tariffs or in a specific service agreement or any notice that any party may desire to give to the

other, shall be in writing and shall be considered as duly delivered when mailed by registered, certified

or regular United States or Canadian mail to the address of the parties to this agreement as follows:

 

(a) Great Lakes Gas Transmission Limited Partnership

One Woodward Avenue, Suite 1600

Detroit, Michigan 48226

Attn: Legal Department