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. 72 Original Sheet No. 72 : Effective

 

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(5) By executing the Electronic Contracting Agreement, the

parties agree not to contest or assert as a defense the validity or

enforceability of Signed Documents under the provisions of any law,

including the Statute of Frauds, relating to whether certain

agreements are to be in writing or signed by the party to be bound

thereby. Signed Documents, if introduced as evidence on paper in any

judicial, arbitration, mediation or administrative proceedings, will

be admissible as between the parties to the same extent and under the

same conditions as other business records originated and maintained in

documentary form. Neither party shall contest the admissibility of

copies of Signed Documents under the business records exception to the

hearsay rule, the best evidence rule, or any other statute or rule of

like kind or character on the basis that the Signed Documents were not

originated or maintained in documentary form or any form not

contemplated in the Electronic Contracting Agreement.

 

(6) Severability. Any provision of the Electronic Contracting

Agreement that is determined to be invalid or unenforceable will be

ineffective to the extent of such determination without invalidating

the remaining provisions of the Electronic Contracting Agreement or

affecting the validity or enforceability of such remaining provisions.

 

 

(7) Entire Agreement. The Electronic Contracting Agreement, the

documents incorporated therein by reference, and the Documents

transmitted pursuant to the Electronic Contracting Agreement shall (i)

constitute the complete agreement of the parties relating to the

matters specified in the Electronic Contracting Agreement, and (ii)

supersede all prior representations or agreements, whether oral or

written, with respect to such matters. No oral modification or waiver

of any of the provisions of the Electronic Contracting Agreement shall

be binding on either party. No modification of or supplement to the

terms and provisions of the Electronic Contracting Agreement shall be

effective unless it is in a paper writing signed in original

handwriting by the parties. No obligation to enter into any

Transaction is to be implied from the execution or delivery of the

Electronic Contracting Agreement. The Electronic Contracting

Agreement is for the benefit of, and shall be binding upon, the

parties and their respective successors and assigns.