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

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

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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