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.
Appears in 12 contracts
Samples: Confirmation Agreement, Confirmation Agreement, Confirmation Agreement
Imaged Agreement. Any original executed Confirmation Master Agreement, Confirmation or other related document may be photocopied and stored on computer tapes and disks in electronic format (the “‘Imaged Agreement”’). The Imaged Agreement, if introduced as evidence on paper, the Confirmation AgreementConfirmation, if introduced as evidence in automated facsimile form, the recordingRecording, if introduced as evidence in its original form and as transcribed onto paperpaper 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 recordingRecording, this Confirmation Agreement the Confirmation, or the Imaged Agreement (or photocopies of the transcription of the recordingRecording, the Confirmation Agreement 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, rule or the best evidence rule or rule. However, nothing in this Section 2.6 shall preclude a Party from challenging the admissibility of such evidence on some other rule of evidencegrounds, including, without limitation, the basis that such evidence has been altered from the original.”
Appears in 4 contracts
Samples: Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement, Master Power Purchase and Sale Agreement
Imaged Agreement. Any original fully executed Confirmation Agreementagreement, confirmation or other related document document, or recording may be photocopied scanned and stored electronically, or stored on computer tapes and disks disks, as may be practicable (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Confirmation Agreement, if introduced as evidence in automated facsimile form, the 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 the recording, this Confirmation Agreement or the any Imaged Agreement (or photocopies of the transcription of the recording, the Confirmation Agreement or the 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”.
Appears in 3 contracts
Samples: Crude Oil Purchase Agreement (Freeport-McMoran Inc), Crude Oil Purchase Agreement (Freeport-McMoran Inc), Crude Oil Purchase Agreement (Freeport-McMoran Inc)
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.
Appears in 3 contracts
Samples: Confirmation Agreement, Capacity Contract, Confirmation Agreement
Imaged Agreement. Any original executed Confirmation Agreement, schedule 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 Agreementschedule confirmation, if introduced as evidence in automated facsimile form, the recordingtransaction tape, 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 recordingtransaction tape, this Confirmation Agreement the schedule confirmation or the Imaged Agreement (or photocopies of the transcription of the recordingtransaction tape, the Confirmation Agreement schedule confirmation or 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.
Appears in 2 contracts
Samples: Energy Contract (Southern Power Co), Power and Gas Supply Agreement (Southern Power Co)
Imaged Agreement. Any original executed Confirmation 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 AgreementConfirmation, if introduced as evidence in automated facsimile form, the recordingRecording, 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 recordingRecording, this Confirmation Agreement the Confirmation, or the Imaged Agreement (or photocopies of the transcription of the recordingRecording, the Confirmation Agreement Confirmation, or 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.
Appears in 1 contract
Imaged Agreement. Any original executed Confirmation Agreementcounterpart of this Contract, 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, a tape or other electronic recording of an oral agreement to a Price Change made pursuant to Section 3.4 (the Confirmation Agreement, if introduced as evidence in automated facsimile form, the recording"Transaction Tape"), 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 recordingTransaction Tape, this Confirmation Agreement or the Imaged Agreement (or photocopies of the transcription of the recordingTransaction Tape, 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 rule, or other rule of evidencethe parol evidence rule.
Appears in 1 contract
Imaged Agreement. Any original executed Confirmation Agreement, confirmation or other related document document, or telephonically recorded transaction, or transaction tape, may be digitally recorded, photocopied and stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Confirmation Agreement, confirmation if introduced as evidence in automated facsimile form, the recordingRecording, 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 will object to the admissibility of the recordingRecording, this Confirmation Agreement the confirmation or the Imaged Agreement (or photocopies of the transcription of the recording, the Confirmation Agreement confirmation 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.
Appears in 1 contract
Imaged Agreement. Any original executed Confirmation Agreement, Confirmation Letter 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 AgreementLetter, if introduced as evidence in automated facsimile form, the recordingTransaction Tape, 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 recordingTransaction Tape, this the Confirmation Agreement Letter or the Imaged Agreement (or photocopies of the transcription of the recordingTransaction Tape, the Confirmation Agreement Letter or 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.
Appears in 1 contract
Samples: Natural Gas Purchase Agreement (Mallon Resources Corp)
Imaged Agreement. Any original executed Confirmation 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 AgreementConfirmation, if introduced as evidence in automated facsimile form, the recordingRecording, 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 recordingRecording, this the Confirmation Agreement or the Imaged Agreement (or photocopies of the transcription of the recordingRecording, the Confirmation Agreement or 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.” A new Section 10.19 shall be added to Article 10 as follows:
Appears in 1 contract