Gas Transmission Northwest Corp.
Third Revised Volume No. 1-A
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Effective Date: 10/06/2003, Docket: RP04- 23-000, Status: Effective
Original Sheet No. 306 Original Sheet No. 306 : Effective
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 GTN in the normal course
of GTN's business (the "GTN 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
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
GTN's Electronic Files (hereinafter referred to as "GTN
Electronic Signed Documents") and Signed Documents maintained on
User's electronic files, GTN 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.