Pacific Gas Transmission Company

First Revised Volume No. 1-A

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Effective Date: 02/02/1998, Docket: GT98- 17-000, Status: Effective

First Revised Sheet No. 192 First Revised Sheet No. 192 : Effective

Superseding: Original Sheet No. 192

FORM OF SERVICE AGREEMENT

APPLICABLE TO ELECTRONIC DATA INTERFACE

 

3.3. Validity: 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, in connection with any

Transaction, or this Agreement, to be a "writing" or "in

writing"; and any such Document when containing, or to which

there is affixed, a Signature Code ("Signed Documents") shall be

deemed for all purposes (a) to have been "signed" and (b) to

constitute an "original" when printed from electronic files or

records established and maintained by PG&E GT-NW in the normal course

of PG&E GT-NW's business (the "PG&E GT-NW Electronic Files").

 

3.3.3. 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 and any

Transaction.

 

3.3.4. 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. In the

event a conflict exists between Signed Documents maintained on

PG&E GT-NW's Electronic Files (hereinafter referred to as "PG&E GT-NW

Electronic Signed Documents") and Signed Documents maintained on

User's electronic files, PG&E GT-NW Electronic Signed Documents will

control. Signed Documents 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 the above

mentioned 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.

 

 

 

 

 

 

(Continued)