Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 07/04/2001, Docket: RP01-446-000, Status: Effective
Third Revised Sheet No. 756 Third Revised Sheet No. 756 : Effective
Superseding: Second Revised Sheet No. 756
ELECTRONIC DATA INTERCHANGE
TRADING PARTNER AGREEMENT (Continued)
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
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
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.
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