Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 07/09/2004, Docket: RP04-325-000, Status: Effective
First Revised Sheet No. 502 First Revised Sheet No. 502 : Effective
Superseding: Original Sheet No. 502
MIDWESTERN GAS TRANSMISSION COMPANY
ELECTRONIC DATA INTERCHANGE
TRADING PARTNER AGREEMENT
Section 3. Terms (Continued)
3.2 Terms and Conditions of Reports and Other Information. In the absence of any other
written agreement applicable to reports and other information transmitted pursuant to this
Agreement, such reports and other information shall be subject to:
[A] those terms and conditions, including any terms for payment, included in the
Exhibit(s);
and
[B] such additional terms and conditions as may be determined in accordance with
applicable law.
3.3 Change in Terms and Conditions. Notwithstanding Section 4.1 of this Agreement, if
any party determines that Data Communications under this Agreement are altered by a
subsequent change to a party's tariff or obligation imposed by a governmental entity
exercising jurisdiction over that party, then the affected party shall give immediate
notice defining which Data Communications under this Agreement are affected, and the
reasons therefore, and may provide notice of termination of this Agreement as provided in
Section 4.8, effective immediately upon receipt of such notice by the other party to this
Agreement.
3.4. Confidentiality. No information contained in any Document or otherwise exchanged
between the parties shall be considered confidential, except to the extent provided in
Section 1.5 or in the Exhibit(s), by written agreement between the parties, or by
applicable law.
3.5. Validity: Enforceability
3.5.1 This Agreement has been executed by the parties to evidence their mutual
intent to be bound by the terms and conditions set forth herein relating to the electronic
transmission and receipt of Data Communications.
3.5.2 Any Document properly transmitted pursuant to this Agreement shall be
considered, in connection with any transaction, any other written agreement described in
Section 3.1, or this Agreement, to be a "writing" or "in writing"; and any such Document
when containing, or to which there is applied, a Digital Signature ("Signed Documents")
shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an
"original" when printed from electronic files or records established and maintained in the
normal course of business.
3.5.3 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.