Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 02/01/2010, Docket: RP10-205-001, Status: Effective

First Revised Sheet No. 60I First Revised Sheet No. 60I

Superseding: Original Sheet No. 60I

 

FORM OF

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT

 

 

3.3 Change in Terms and Conditions. Notwithstanding Section 4.1 of this

Agreement, if any party determines that Data Communications under this

Agreement and/or the TPW 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 as outlined in the TPW are affected, and the reasons

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

in Section 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 Section 1.5 or in the Exhibit, 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 Section 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 parties 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.