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
(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.