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. 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

security breach.

 

(g) Transmissions.

 

(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).