Transcolorado Gas Transmission Company LLC

Second Revised Volume No. 1

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Effective Date: 12/28/2007, Docket: RP08-167-000, Status: Effective

Original Sheet No. 414 Original Sheet No. 414 : Effective

 

TRADING PARTNER AGREEMENT

for the Electronic Data Interchange

of Information Over the Public Internet

 

Section 3. Transaction Terms. (Continued)

 

3.3. Validity and Enforceability.

 

3.3.1. This Agreement has been executed by the parties to

evidence their mutual intent to create binding obligations pursuant to the

electronic transmission and receipt of Documents specifying certain of the

applicable terms.

 

3.3.2. Any Document properly transmitted pursuant to this

Agreement shall be considered to be a "writing" or "in writing"; and any such

Document when containing, or to which there is affixed, a Signature Code

("Signed Document") shall be deemed for all purposes to have been "signed" and

to constitute an "original" when printed from electronic files or records

established and maintained in the normal course of business.

 

3.3.3. The parties agree not to contest the validity or

enforceability of any Signed Document under the provisions of any applicable

law 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 either the business records exception to the hearsay

rule or the best evidence rule on the basis that the Signed Documents were not

originated or maintained in documentary form.

 

Section 4. Miscellaneous.

 

4.1. Term. This Agreement shall be effective as of the date fully

executed by the parties and shall remain in effect until terminated by either

party with not less than 30 days prior written notice specifying the effective

date of termination; provided, however, that written notice for purposes of

this paragraph shall not include notice provided in an EDI format; further

provided, however, that a termination pursuant to this section shall not

affect the respective obligations or rights of the parties arising under any

Documents or otherwise under this Agreement prior to the effective date of

termination.