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.