Gulf States Transmission Corporation

Original Volume No. 1

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Effective Date: 08/01/1998, Docket: GT98- 78-000, Status: Effective

First Revised Sheet No. 72 First Revised Sheet No. 72 : Effective

Superseding: Original Sheet No. 72

 

 

TRADING PARTNER AGREEMENT

for the Electronic Data Interchange

of Information Over the Public Internet (continued)

 

 

2.3. Garbled Transmissions. If any transmitted Document is received in an

unintelligible or garbled form, the receiving party shall promptly notify

the originating party (if identifiable from the received Document) in a

reasonable manner.

 

Section 3. Transaction Terms.

 

3.1. Terms and Conditions. This Agreement is to be considered part of any other

written agreement duly executed by the parties referencing it or as

referenced by mutual agreement of the parties in the Appendix hereto. The

terms of this Agreement shall prevail in the event of a conflict with any of

the terms and conditions applicable to any Transaction insofar as such

conflict exists between the procedures to be used in the electronic

transmission of data set forth herein.

 

3.2. Confidentiality. No information contained in any Document or otherwise

exchanged between the parties shall be considered confidential, except to

the extent provided herein or pursuant to the transportation agreements

between the parties, other written agreements between the parties or by

applicable law.

 

3.3. Validity and Enforceability.

 

3.3.1. This Agreement has been executed by the parties to evidence their

mutual intent to create binding obligations pursuant to the

electronic transmission and receipt of Documents specifying certain

of the applicable terms.

 

3.3.2. Any Document properly transmitted pursuant to this Agreement shall

be considered to be a "writing" or "in writing"; and any such

Document when containing, or to which there is affixed, a Signature

Code ("Signed Document") 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 normal

course of business.

 

3.3.3. 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. 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.