Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 10/01/1999, Docket: RP99-466-000, Status: Effective

Original Sheet No. 50H Original Sheet No. 50H : Superseded

 

 

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.