TransColorado Gas Transmission Company

Original Volume No. 1

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Effective Date: 05/15/2000, Docket: GT00- 25-000, Status: Effective

First Revised Sheet No. 414 First Revised Sheet No. 414 : Superseded

Superseding: Original Sheet No. 414

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.