Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 10/23/2006, Docket: RP06-604-000, Status: Effective
Second Revised Sheet No. 128 Second Revised Sheet No. 128 : Effective
Superseding: First Revised Sheet No. 128
GENERAL TERMS AND CONDITIONS
(continued)
2) Transporter may elect to archive historical data off-line from time to time. User may
access this data as follows:
i) User may send a written request or an electronic mail request to Transporter
requesting the historical data required.
ii) Transporter will retrieve and copy requested information electronically within
two weeks of the date of the request, and make such available to the user.
18.6 Electronic Contract Execution
Shippers may request and contract for service under any Rate Schedule herein or an Operator
Balancing Agreement electronically.
A. Under the Capacity Release Program of this Tariff, a prospective Shipper or bidder may
submit a Valid Bid or request transportation service electronically in accordance with
Section 30 of these General Terms and Conditions. In such event, Transporter may tender
a Service Agreement, and such party and Transporter may enter into and execute a Service
Agreement, in accordance with an applicable Rate Schedule of this Tariff by electronic
means, provided that: (1) such party shall have previously met the credit requirements of
Section 13 herein and (2) that such party and Transporter mutually agree in writing to
the terms and conditions of the electronic interchange of data necessary to accomplish
contracting for transportation service by electronic means. The requirements in the
applicable Rate Schedule that a Service Agreement be requested, tendered, and entered
into (i.e. executed), and the requirement under the Capacity Release Program that a Valid
Bid be submitted, shall be deemed satisfied when accomplished by electronic means.
B. A prospective Shipper may submit a request electronically for service under any Rate
Schedule herein or an Operator Balancing Agreement. In such event, Transporter may
tender a Service Agreement, and such Party and Transporter may enter into and execute a
Service Agreement, in accordance with an applicable Rate Schedule of this Tariff by
electronic means, provided that (1) such party shall have previously met the credit
requirements of the applicable Rate Schedule, and (2) that such party and Transporter
mutually agree in writing to the terms and conditions of the electronic interchange of
data necessary to accomplish contracting for transportation service by electronic means.
The requirements in the applicable Rate Schedule that a Service Agreement be requested,
tendered and entered into (i.e. executed) shall be deemed satisfied when accomplished by
electronic means.
C. Transporter and Shipper may enter into transactions and create binding obligations by
means of electronic execution of documents under these procedures. These documents
include, but are not limited to, Service Agreements, amendments to Service Agreements,
PNR Service Agreements, Operator Balancing Agreements, and any other agreements that
Transporter shall make available on Transporter's Internet Website ("Documents").
Execution of these documents under the terms mutually agreed for electronic means shall
be considered, in connection with any transaction, to be a "writing" or "in writing" and
any such Document shall be deemed for all purposes (a) to have been "signed" ("Signed
Document") and (b) to constitute an "original" when printed from electronic files or
records established and maintained in the normal course of business. All parties agree
not to contest the validity or enforceability of such Signed Documents 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. Further, Signed Documents, if
introduced as evidence on paper in any judicial arbitration, mediation or administrative
proceeding, 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 forms.