Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 69 Original Sheet No. 69 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
electronically on behalf of Subscriber, and (ii) all other persons
designated by Subscriber to receive a User Identification and Password have
been duly authorized to send and receive Documents other than Contracts.
The Signature of a party affixed to or contained in any transmitted Document
shall be irrebuttable proof that such party originated such Document.
Neither party shall disclose to any unauthorized person the Signatures of
the other party.
(f) Security Procedures. Each party shall be responsible for ensuring
that all electronic executions with Signatures and all transmissions of
Documents are authorized, and for protecting its business records and data
from improper access. Parties shall be responsible for securing physical
access to each of its computers utilizing Navigator software and for keeping
confidential its User Identification(s) and Password(s). Seller reserves
the right to invalidate any User Identification or Password if it suspects a
(1) Proper Receipt. Documents shall not be deemed to have been
properly received, and no Document shall give rise to any obligation,
until it has been received as determined in accordance with Section
2.15 of the General Terms and Conditions.
(2) Acknowledgment. Upon proper receipt of any Document, the
receiving party shall promptly and properly transmit electronically a
functional acknowledgement of receipt, unless otherwise specified in
the Transaction List. A functional acknowledgement shall constitute
conclusive evidence a Document has been properly received.
(3) Acceptance. If acceptance of a Document is required by the
Transaction List, the proper receipt of any such Document shall not
give rise to any obligation unless and until the party initially
transmitting such Document has properly received in return an
Acceptance Document (as specified in the Transaction List).