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
(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.