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.