Imaged Agreement. Any original executed Confirmation Agreement, or other related document may be photocopied and stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Confirmation Agreement, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form and as transcribed onto paper, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of the recording, this Confirmation Agreement or the Imaged Agreement (or photocopies of the transcription of the recording, the Confirmation Agreement or the Imaged Agreement) on the basis that such were not originated or maintained in documentary form under the hearsay rule, the best evidence rule or other rule of evidence.
Imaged Agreement. Any original executed Master Agreement, Confirmation or other related document may be photocopied and stored in electronic format (the ‘Imaged Agreement’). The Imaged Agreement, if introduced as evidence on paper, the Confirmation, if introduced as evidence in automated facsimile form, the Recording, if introduced as evidence in its original form and as transcribed onto paper or into other written format, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of the Recording, the Confirmation, or the Imaged Agreement (or photocopies of the transcription of the Recording, the Confirmation, or the Imaged Agreement) on the basis that such were not originated or maintained in documentary or written form under either the hearsay rule or the best evidence rule. However, nothing in this Section 2.6 shall preclude a Party from challenging the admissibility of such evidence on some other grounds, including, without limitation, the basis that such evidence has been altered from the original.” (C) Article Three: Obligations and Deliveries. Amend Article Three as follows: (1) Add a new Section 3.4 at the end of the Article: “3.4
Imaged Agreement. Any original executed Agreement or other related document may be photocopied and stored on computer tapes and disks (“Imaged Agreement”). If an Imaged Agreement is introduced as evidence in any judicial, arbitration, mediation or administrative proceedings, it shall be considered as admissible evidence. Neither Party shall object to the admissibility of the Imaged Document on the basis that such were not originated or maintained in documentary form under either the hearsay rule, the best evidence rule, or other rule of evidence.
Imaged Agreement. The Agreement and other related documents may be photocopied, scanned and stored on computer storage media (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, and all computer records of the foregoing, if introduced as evidence on paper, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of the Imaged Agreement (or photocopies of the Imaged Agreement) on the basis that the Agreement or other related documents were not originated or maintained in documentary or written form under either the hearsay rule or California’s Secondary Evidence Rule (Cal. Evid. Code § 1520, et seq.). However, nothing in this Section 18.15 shall preclude a Party from challenging the admissibility of that evidence on some other ground, without limitation, the basis that the evidence has been materially or substantially altered from the original.
Imaged Agreement. The Agreement and other related documents may be photocopied, scanned, and stored on computer storage media (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, and all computer records of the foregoing, if introduced as evidence in printed format, 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.
Imaged Agreement. Any original executed copy of this Agreement, any Confirmation or any other Transaction Document may be photocopied and stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidenced on paper in automated facsimile form, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of the Imaged Agreement (or photocopies of the transcription of the Imaged Agreement) on the basis that such were not originated or maintained in documentary form under either the hearsay rule, the best evidence rule or other rule of evidence. Table of Contents CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS DOCUMENT BASED UPON A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934 AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. THE LOCATION OF OMITTED TEXT IS INDICATED BY AN ASTERISK (*)
Imaged Agreement. Any fully executed Agreement, Confirmation or other related document, or recording may be scanned and stored electronically, or stored on computer tapes and disks, as may be practicable (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Confirmation if introduced as evidence in automated facsimile form, any recording, if introduced as evidence in its original form and as transcribed onto paper, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of any Imaged Agreement (or photocopies of the transcription of such Imaged Agreement) on the basis that such were not originated or maintained in documentary form under either the hearsay rule, the best evidence rule or other rule of evidence. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence.” SCHEDULE M GOVERNMENTAL ENTITY OR PUBLIC POWER SYSTEM Schedule M is hereby deleted in its entirety and replaced with the following:
Imaged Agreement. Any original executed Contract or other related document may be photocopied or scanned and stored on computer tapes, disks, or other electronic media (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, a recording, if introduced as evidence in its original form and as transcribed onto paper, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of a recording or the Imaged Agreement (or photocopies of the transcription of a recording or the Imaged Agreement) on the basis that such were not originated or maintained in documentary form under the hearsay rule, the best evidence rule, or other rule of evidence other than the rule of relevance.
Imaged Agreement. An original executed version of this Agreement or a notice or other communication given under this Agreement may be photocopied or stored electronically on computer-based media (the “Imaged Agreement”). The Parties agree that the Imaged Agreement, if introduced as evidence on paper in any judicial, arbitration, mediation, dispute resolution, or administrative proceedings, shall be admissible as between the Parties to the same extent and under the same conditions as other business records originated and maintained in printed documentary form. Neither Party shall contest the admissibility of the Imaged Agreement under either the business records exception to the hearsay rule or the best evidence rule on the basis that the Imaged Agreement was not originated or maintained in printed documentary form; provided that the Party against whom the Imaged Agreement would be admitted has a reasonable opportunity to confirm that such Imaged Agreement accurately reflects the terms of this Agreement then in effect. Section GP-5.2 - Confidentiality A Party shall not disclose to any third party any information clearly and visibly marked or labeled as confidential, proprietary, restricted, business sensitive, Critical Energy Infrastructure Information (CEII), privileged, or with some other proprietary legend at the time of disclosure that a Party receives from the other Party under the provisions of this Agreement (“Confidential Information”) If Confidential Information is disclosed orally, the Party disclosing such Confidential Information shall identify it as confidential at the time of disclosure and thereafter summarize in writing and transmit to the other Party within thirty (30) Days of the oral disclosure. A Party shall not disclose Confidential Information to any third party except to comply with any applicable law, order, or regulation; provided, however, each Party shall notify the other Party in writing of any request or proceeding of which it is aware that may result in disclosure of Confidential Information. Each Party shall use Commercially Reasonable efforts to prevent or limit the disclosure of Confidential Information consistent with its obligations with respect to such required disclosure. In response to any Freedom of Information Act (“FOIA”) request for information received from or relating to Interconnection Customer and designated by Interconnection Customer as proprietary or confidential, TVA shall evaluate the requested information and determine the ...
Imaged Agreement. Any original executed Master Agreement, Confirmation or other related document may be photocopied and stored on computer tapes and disks (the ‘Imaged Agreement’). The Imaged Agreement, if introduced as evidence on paper, the Confirmation, if introduced as evidence in automated facsimile form, the Recording, if introduced as evidence in its original form and as transcribed onto paper or into other written format, and all computer records of the foregoing, if introduced as evidence in printed format, 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 object to the admissibility of the Recording, the Confirmation, or the Imaged Agreement (or photocopies of the transcription of the Recording, the Confirmation, or the Imaged Agreement) on the basis that such were not originated or maintained in documentary or written form under either the hearsay rule or the best evidence rule. However, nothing in this Section 2.6 shall preclude a Party from challenging the admissibility of such evidence on some other grounds, including, without limitation, the basis that such evidence has been materially or substantially altered from the original.”
