Viking Gas Transmission Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 07/01/2004, Docket: RP04-306-000, Status: Effective

First Revised Sheet No. 147 First Revised Sheet No. 147 : Effective

Superseding: Original Sheet No. 147

 

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT

 

 

Article 3. Terms (Continued)

 

3.2 Terms and Conditions of Reports and Other Information. In the absence of any other

written agreement applicable to reports and other information transmitted pursuant to this

Agreement, such reports and other information shall be subject to:

 

[A] those terms and conditions, including any terms for payment, included in the

Exhibit(s);

and

[B] such additional terms and conditions as may be determined in accordance with

applicable law.

 

3.3 Change in Terms and Conditions. Notwithstanding Article 4.1 of this Agreement, if

any party determines that Data Communications under this Agreement are altered by a

subsequent change to a party's tariff or obligation imposed by a governmental entity

exercising jurisdiction over that party, then the affected party shall give immediate

notice defining which Data Communications under this Agreement are affected, and the

reasons therefore, and may provide notice of termination of this Agreement as provided in

Article 4.8, effective immediately upon receipt of such notice by the other party to this

Agreement.

 

3.4. Confidentiality. No information contained in any Document or otherwise exchanged

between the parties shall be considered confidential, except to the extent provided in

Article 1.5 or in the Exhibit(s), by written agreement between the parties, or by

applicable law.

 

3.5. Validity: Enforceability

 

3.5.1 This Agreement has been executed by the parties to evidence their mutual

intent to be bound by the terms and conditions set forth herein relating to the electronic

transmission and receipt of Data Communications.

 

3.5.2 Any Document properly transmitted pursuant to this Agreement shall be

considered, in connection with any transaction, any other written agreement described in

Article 3.1, or this Agreement, to be a "writing" or "in writing"; and any such Document

when containing, or to which there is applied, a Digital Signature ("Signed Documents")

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.

 

3.5.3 The parties agree not to contest the validity or enforceability of 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. 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.