Transcontinental Gas Pipe Line Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 12/31/2008, Docket: RP09-158-000, Status: Effective

Original Sheet No. 465 Original Sheet No. 465

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

46. 1LINE SERVICE (Continued)

 

46.4 (Continued)

 

(c) An electronically executed agreement shall not be deemed to have been properly

received until accessible to Seller through 1Line. Any such agreement which has

been received shall not give rise to any obligation unless and until Seller has

provided in return its notice of acceptance of the agreement. Seller's notice of

acceptance of the agreement shall constitute Seller's signature, and shall be

sufficient to verify that Seller executed such agreement.

 

(d) Execution of a 1Line Service Agreement shall evidence the mutual intent of Seller

and the subscriber to create binding agreements pursuant to the electronic

execution and transmission of such agreements. Any agreement properly executed

and transmitted pursuant to this Agreement and the procedures implemented

therefor on 1Line shall be considered for all purposes to be a "writing" or "in

writing"; and any such agreement when containing, or to which there is affixed, a

signature as set forth in Section 46.4(b) above ("Signed Agreements") 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.

 

(e) The conduct of the parties pursuant to the 1Line Service Agreement, including the

use of Signed Agreements properly transmitted pursuant to this Section 46, shall,

for all legal purposes, evidence a course of dealing and a course of performance

accepted by the parties in furtherance of their 1Line Service Agreement. Neither

Seller nor the subscriber shall contest the validity or enforceability of Signed

Agreements 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 Agreements, if introduced as evidence on paper in any judicial,

arbitration, mediation or administrative proceedings, will be admissible as

between the parties to the 1Line Service Agreement 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 Agreements under either the business records exception to the hearsay rule

or the best evidence rule on the basis that the Signed Agreements were not

originated or maintained in documentary form.

 

46.5 Ownership of 1Line Service

 

"1Line" is a service mark of Williams Gas Pipeline Company, LLC. Seller is the

exclusive proprietor of the programming which generates 1Line and of all the

copyrights and proprietary interests therein, except insofar as any third party

possesses a copyright or proprietary interest in such materials. A 1Line subscriber

will not by virtue of this Section or the executed 1Line Service Agreement acquire any

proprietary interests in the software which generates 1Line or in the files,

information, or data displayed on 1Line.