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. 71 Original Sheet No. 71 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(k) Garbled Transmissions. If any transmitted Document is received in

an unintelligible or garbled form, the receiving party shall promptly notify

the originating party (if identifiable from the received Document) in a

reasonable manner. In the absence of such a notice (where the originating

party can be identified), the originating party's record of the contents of

such Document shall control.

 

(l) Terms and Conditions of Electronic Contracting Agreement. The

terms and conditions set forth in this Section 5.7(l) shall apply to the

Electronic Contracting Agreements entered into by Seller and Customers.

 

(1) The Electronic Contracting Agreement shall be considered to

be an integral part of any Contract heretofore or hereafter entered

into between Seller and Customer.

 

(2) Execution of the Electronic Contracting Agreement shall

evidence the parties' mutual intent to create binding contractual

obligations by means of the electronic transmission and receipt of

Documents.

 

(3) Any Document properly transmitted shall be deemed (in

connection with any Transaction, Contract, or Electronic Contracting

Agreement) to be a "writing" or "in writing"; and any such Document

that includes a Signature (Signed Documents) shall be deemed for all

purposes (i) to have been "signed" and (ii) to constitute an

"original" when printed from electronic files or records established

and maintained in the normal course of business.

 

(4) The conduct of the parties under an Electronic Contracting

Agreement, including the use of properly transmitted Signed Documents,

shall, for all legal purposes, evidence a course of dealing and a

course of performance accepted by the parties in furtherance of any

Transaction, Contract, or Electronic Contracting Agreement.