Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 02/01/2010, Docket: RP10-253-000, Status: Effective

Third Revised Sheet No. 50N Third Revised Sheet No. 50N

Superseding: Second Revised Sheet No. 50N

 

GENERAL TERMS AND CONDITIONS

____________________________

(continued)

 

Confirmation by Exception

 

Great Lakes has implemented Confirmation by Exception (CBE) pursuant to Standard 1.2.11 of the

North American Energy Standards Board (NAESB). If Subscriber will be confirming quantities of gas

for receipt and delivery by Great Lakes and desires to be a party to CBE, Subscriber shall execute

and submit the Agreement to Participate in Confirmation by Exception.

 

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, 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 GLConnect 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 Subscriber and Great Lakes

by means of GLConnect; 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 Subscriber's use of GLConnect.

 

ARTICLE III TERM

 

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

until terminated by either Subscriber or Great Lakes on at least thirty (30)-days notice. 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 Subscriber may protest or contest those filings, and

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