Centerpoint Energy - Mississippi River

Third Revised Volume No. 1

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Effective Date: 05/01/1997, Docket: RP97- 73-005, Status: Effective

Original Sheet No. 332 Original Sheet No. 332 : Effective

 

public key as scheduled, such Party shall provide at least five business days prior written notice thereof

to the other Party; provided, under emergency circumstances a prior written notice of one business day may

be given.

 

Section 2. Transmissions.

 

2.1. Proper Receipt. There shall not be deemed to have been a "proper receipt" of a Document until

accessible to Receiver at such Party's Receipt Computer as evidenced by the receipt by Sender of the time-

stamp response initiated by Receiver indicating successful receipt of the Document in accordance with the

Standards. The method of time-stamp response to be utilized by the Parties shall be set forth in the

Appendix. No Document shall have any effect (a) for which a time-stamp response is not received by Sender

or (b) for which a time-stamp response indicating error is applicable.

 

2.2. Verification. Upon proper receipt of any Document, Receiver shall verify that the Document

originated from an authorized trading partner, process the decryption of the Document, if necessary, and

translate the Document in accordance with the Standards.

 

2.3. Response Document. By mutual agreement, the Parties may designate in the applicable EDI Exhibit a

"Response Document" transaction set in addition to a Functional Acknowledgment transaction set. A

Response Document does not include the time-stamp response specified in Section 2.1 hereof. For purposes

of this Agreement, a "Response Document" confirms (in the format specified thereby) whether or not the

substantive content of the corresponding Document contains valid substantive data to effectuate the

communication. If the Response Document indicates valid substantive content, the communication set forth

in the applicable Document shall be deemed effectively completed under the applicable transportation

agreement between theParties [describe other arrangement if applicable]. If the Response Document does

not indicate valid substantive content, the communication set forth in the applicable Document shall be

deemed not to have been effectively completed under the applicable transportation agreement between the

Parties [describe other arrangement if applicable].

 

Section 3. Transaction Terms.

 

3.1. Regulations. Notwithstanding Section 4.1 hereof, if any Party determines that this Agreement is in

conflict with either that Party's existing tariff or an obligation imposed by a governmental entity

exercising jurisdiction over that Party, then the affected Party shall give immediate written notice to

the other Party defining which terms of this Agreement are affected and the reasons therefor. The

affected Party may also provide notice of termination of this Agreement as provided in Section 4.1 hereof,

effective immediately upon receipt of such notice by the other Party to this Agreement.

 

3.2. Validity, Enforceability and Confidentiality. Any Document properly transmitted pursuant to this

Agreement shall be considered to be a "writing" or "in writing" pursuant to applicable law. Any Document

when containing, or to which there is affixed, a Digital Code (a "Signed Document") shall be deemed for

all purposes hereunder and at law 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. The conduct of

the Parties pursuant to this Agreement, including the use of any Signed Document properly transmitted

pursuant to this Agreement, shall, for all legal purposes, evidence a course of dealing and a course of

performance accepted by the Parties in furtherance of this Agreement and the transportation agreements

between the Parties. 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. A Signed Document, 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 a Signed

Document under either the business records exception to the hearsay rule or the best evidence rule on the

basis that the Signed Document was not originated or maintained in documentary form. No information

contained in any Document shall be considered confidential except as provided by the transportation

agreements between the Parties, other written agreements between the Parties or by applicable law.

 

Section 4. Miscellaneous.

 

4.1. Term. This Agreement shall be effective as of the date first set forth above and shall remain in

effect until terminated by either Party with not less than 30 days prior written notice specifying the

effective date of termination; provided, should either Party utilize this Agreement for purposes other

than the Transactions contemplated hereby or for any illegal purpose, the other Party may immediately

terminate this Agreement by written notice; provided further, any termination shall not affect the

respective obligations or rights of the Parties arising under any Documents effectively communicated under

this Agreement prior to the effective date of termination.

 

4.2. Agreement Not Severable. If any provision of this Agreement is determined to be invalid or

unenforceable, then as of such determination this Agreement in its entirety will be deemed ineffective and

unenforceable by the Parties; provided, the respective obligations or rights of the Parties arising under