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First Revised Sheet No. 414 First Revised Sheet No. 414 : Superseded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