Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

Original Sheet No. 217C Original Sheet No. 217C

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. Requests for Service (Continued)

 

4.12 Form: Shipper shall enter into a contract with Transporter under

Transporter's appropriate standard form of Service Agreement.

 

4.13 Electronic Execution of Agreements - All Park & Loan service

agreements, Transportation Service Agreements, exhibits, and

amendments thereto ("Service Agreements" or "Agreements"),shall be

executed electronically by Transporter and Shipper, unless either

party requests execution in paper form. All Service Agreements

which are executed electronically shall be deemed to be in the form

of the Form of Service Agreement for the applicable rate schedule.

Nominations for service under a pending written agreement will not

be accepted. Electronic execution of non-conforming Agreements

shall be followed up with a written Agreement which shall be

executed and filed for Commission review.

 

(a) The Service Agreement shall be deemed to be executed by

Shipper when the Shipper accepts the service request

electronically via Transporter's EBB. The Service Agreement

shall be deemed to be executed by Transporter when Transporter

accepts the Shipper's request for capacity using the EBB. A

Service Agreement that is executed in this manner shall be

deemed to have been "signed" and to constitute an "original"

when printed from electronic files or records.

 

(b) Notwithstanding the above, if the Shipper and Transporter

electronically execute a Service Agreement and the Shipper

later requests a written agreement, the electronic Service

Agreement shall be deemed the original until the written

agreement is executed by both parties.

 

(c) If the Service Agreement contains provisions that must be

reviewed by the Commission, it will be stated in written form

and executed by the parties. In such case, a facsimile may be

deemed an executed original until such time as the Shipper

returns the executed original agreement. However, such

provisions will not become effective until reviewed and

accepted by the Commission.

 

(d) Execution: A Service Agreement may be executed electronically

or in writing with one or more counterparts (delivery of which

may be made by e-mail, facsimile or similar transmission), each

of which shall be deemed an original, but all of which together

shall constitute one and the same.