Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 09/01/1997, Docket: GT97- 60-000, Status: Effective

Original Sheet No. 511 Original Sheet No. 511 : Effective

 

 

TRADING PARTNER AGREEMENT

for the Electronic Data Interchange

of Information Over the Public Internet

(Continued)

 

Section 3. Transaction Terms. (Continued)

 

3.3. Validity and Enforceability.

 

3.3.1. This Agreement has been executed by the parties to

evidence their mutual intent to create binding obligations

pursuant to the electronic transmission and receipt of Documents

specifying certain of the applicable terms.

 

3.3.2. Any Document properly transmitted pursuant to this

Agreement shall be considered to be a "writing" or "in writing";

and any such Document when containing, or to which there is

affixed, a Signature Code ("Signed Document") shall be deemed

for all purposes 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.

 

3.3.3. 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. 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.

 

Section 4. Miscellaneous.

 

4.1. Term. This Agreement shall be effective as of the date fully

executed by the parties 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, however, that written notice for

purposes of this paragraph shall not include notice provided in an EDI

format; further provided, however, that a termination pursuant to this

section shall not affect the respective obligations or rights of the parties

arising under any Documents or otherwise under this Agreement prior to the

effective date of termination.