Millennium Pipeline Company, L. L. C.

Original Volume No. 1

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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective

Original Sheet No. 96 Original Sheet No. 96

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(3) Any Document properly transmitted shall be deemed (in

connection with any Transaction, Contract, or Electronic Contracting

Agreement) to be a "writing" or "in writing"; and any such Document that

includes a Signature ("Signed Documents") shall be deemed for all

purposes (i) to have been "signed" and (ii) to constitute an "original"

when printed from electronic files or records established and maintained

in the normal course of business.

 

(4) The conduct of the parties under an Electronic Contracting

Agreement, including the use of properly transmitted Signed Documents,

shall, for all legal purposes, evidence a course of dealing and a course

of performance accepted by the parties in furtherance of any

Transaction, Contract, or Electronic Contracting Agreement.

 

(5) By executing the Electronic Contracting Agreement, the

parties agree not to contest or assert as a defense the validity or

enforceability of Signed Documents under the provisions of any law,

including the Statute of Frauds, 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 the business records exception to the hearsay rule, the

best evidence rule, or any other statute or rule of like kind or

character on the basis that the Signed Documents were not originated or

maintained in documentary form or an form not contemplated in the

Electronic Contracting Agreement.

 

(6) Severability. Any provision of the Electronic Contracting

Agreement that is determined to be invalid or unenforceable will be

ineffective to the extent of such determination without invalidating the

remaining provisions of the Electronic Contracting Agreement or

affecting the validity or enforceability of such remaining provisions.