Hardy Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective

Original Sheet No. 68 Original Sheet No. 68 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(c) Prerequisites. Requestor shall not be eligible to enter into a

Contract electronically until Requestor (i) has been placed on Seller's

Approved Bidder's List in accordance with Section 3.2 of the General Terms

and Conditions and (ii) has executed and submitted to Seller an Electronic

Contracting Agreement in the form contained in this Tariff. Requestor shall

execute the Electronic Contracting Agreement in duplicate by original

handwritten signature(s) on paper and forward it to Seller via mail or other

delivery service at least 15 business days in advance of bidding for or

requesting a Contract. The requirement in this Section 3.2 of timely

submission of an executed Electronic Contracting Agreement may not be

satisfied by facsimile transmission of an executed document, or any other

method that results in Seller receiving only a copy of a signature. Upon

receipt of the executed Electronic Contracting Agreement, the Approved

Bidder List shall be updated to reflect Requestor's eligibility to enter

into Contracts electronically.

 

(d) Documents; Standards. Seller and Customer may, and when required

by the Tariff shall, electronically transmit to or receive from the other

party any of the electronic forms (including Contracts) listed by Seller,

currently or in the future, on the Transaction List posted on Navigator,

(collectively "Documents"). Any transmission of data that is not a Document

shall have no force or effect between the parties unless justifiably relied

upon by the receiving party. All Documents shall be transmitted in

accordance with the standards set forth in the EBB User's Guide, as it may

be amended or supplemented from time to time by Seller.

 

(e) Signatures. Seller shall adopt as its signature an electronic

identification, and Seller shall furnish to Subscriber one or more unique

electronic identifications (User Identification and Password), consisting of

symbol(s) or code(s), which are to be electronically affixed to or placed in

each Document transmitted by such party (Signatures). The employee(s) or

officer(s) designated by Subscriber in Appendix A of the Electronic

Contracting Agreement shall perform the contracting function for Subscriber

and thereby legally bind Subscriber to any Contract with Seller by use of

that person's assigned User Identification and Password. By entering into

the Electronic Contracting Agreement, Subscriber represents and warrants

that (i) the employee(s) or officer(s) identified in Appendix A thereof have

been duly and legally authorized to enter into and execute Contracts