Pine Needle LNG Company, LLC

Original Volume No. 1

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Effective Date: 05/01/1999, Docket: CP96- 52-003, Status: Effective

Original Sheet No. 85 Original Sheet No. 85 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

25. PINE NEEDLE'S ELECTRONIC BULLETIN BOARD (Continued)

 

25.4 (d) Execution of a Pine Needle's EBB Service Agreement shall

evidence the mutual intent of Pine Needle and the subscriber

to create binding agreements pursuant to the electronic

execution and transmission of such agreements. Any

agreement properly executed and transmitted pursuant to this

Agreement and the procedures implemented therefor on Pine

Needle's EBB shall be considered for all purposes to be a

"writing" or "in writing"; and any such agreement when

containing, or to which there is affixed, a signature as set

forth in Section 25.4(b) above ("Signed Agreements") 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.

 

(e) The conduct of the parties pursuant to the Pine Needle's EBB

Service Agreement, including the use of Signed Agreements

properly transmitted pursuant to this Section 25, shall, for

all legal purposes, evidence a course of dealing and a

course of performance accepted by the parties in furtherance

of their Pine Needle's EBB Service Agreement. Neither Pine

Needle nor the subscriber shall contest the validity or

enforceability of Signed Agreements 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 Agreements, if introduced as evidence on

paper in any judicial, arbitration, mediation or

administrative proceedings, will be admissible as between

the parties to the Pine Needle's EBB Service Agreement 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 Agreements under either the business

records exception to the hearsay rule or the best evidence

rule on the basis that the Signed Agreements were not

originated or maintained in documentary form.

 

25.5 Ownership of Service and Data

 

Pine Needle is the exclusive proprietor of the programming which

generates Pine Needle's EBB and of all the copyrights and proprietary

interests therein, except insofar as any third party possesses a

copyright or proprietary interest in such materials. A Pine Needle's

EBB subscriber will not by virtue of this Section or the executed Pine

Needle's EBB Service Agreement acquire any proprietary interests in

the software which generates Pine Needle's EBB or in the files,

information, or data displayed on Pine Needle's EBB.