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
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