East Tennessee Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97- 58-007, Status: Effective

Substitute Original Sheet No. 294 Substitute Original Sheet No. 294 : Superseded

Superseding: Original Sheet No. 294

 

ELECTRONIC DATA INTERCHANGE

TRADING PARTNER AGREEMENT (Continued)

 

constitute an "original" when printed from electronic files or records established and

maintained in the normal course of business.

 

5.3.3. The conduct of the parties pursuant to this Agreement, including

the use of Signed Documents properly transmitted pursuant to this Agreement, shall, for

all legal purposes, evidence a course of dealing and a course of performance accepted by

the parties in furtherance of this Agreement, any Transaction and any other written

agreement described in Section 5.1.

 

5.3.4. Documents Hierarchy. It is the express intent of the parties that

Documents which are transacted and maintained according to this Agreement be given the

same evidentiary weight as the physically signed originals of corresponding documents

related to the same Transaction.

 

5.3.5. The parties agree not to contest the validity or enforceability of

Signed Documents 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 hearsay rule, or the best evidence rule on the basis that the

Signed Documents were not originated or maintained in documentary form.

 

Section 6. Miscellaneous.

 

6.1. Term. This Agreement shall be effective as of the date first set forth

above 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 pursuant to an EDI transaction; further provided, however, that any termination

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.

Notwithstanding any other provision of this Agreement, a party shall be entitled to

immediately terminated this Agreement, upon delivery of notice of termination, if the

other party (i) breaches the covenants of Section 5.2, (ii) uses the EDI for purposes

other than those Transactions contemplated by the parties when entering into this

Agreement unless by mutual agreement of the parties, or (iii)uses the EDI either

illegally or for illegal purposes.

 

6.2. Exclusion of Certain Damages. Neither party shall be liable to the other

for any special, incidental, exemplary, or consequential damages arising from or as a

result of any delay, omission or error in the electronic transmission or receipt of any

Documents pursuant to this Agreement, even if either party has been advised of the

possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages

to software and hardware arising from this Agreement shall be set forth in the Appendix.

 

6.3. Notice. Any notice provided or permitted to be given under this Agreement

must be in writing, but may be served by deposit in the mail, addressed to the party to

be notified, postage prepaid, and registered or certified, with a return receipt

requested. Notice given by registered mail shall be deemed delivered and effective on

the date of delivery shown on the return receipt. Notice may be served in any other

written manner, including telex, telecopy, telegram, Email, etc., but shall be deemed

delivered and effective as of the time of actual delivery. Either party may change

its address for the purpose of notice hereunder by giving the other party no less than

five (5) days prior written notice of such new address in accordance with the preceding

provisions. For purposes of notice, the addresses of the parties shall be as set forth

in the Appendix.