Common use of Validity; Enforceability Clause in Contracts

Validity; Enforceability. 4.3.1 Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with any Electronic Transaction, to be a "writing" or "in writing"; and any such Document when containing, or to which there is affixed, a Signature ("Signed Document") 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 in the normal course of business. 4.3.2 The conduct of the Parties pursuant to this Agreement, including the use of Signed Documents properly transmitted pursuant to the 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. 4.3.3 The 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. 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. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.

Validity; Enforceability. 4.3.1 3.3.1. This agreement has been executed by the parties to evidence their mutual intent to create binding purchase and sale obligations pursuant to the electronic transmission and receipt of Documents. 3.3.2. Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with any Electronic Transaction, considered to be a "writing" or "in writing"; and any . Any such Document when containing, or to which there is affixed, a Signature ("Signed DocumentDocuments") shall be deemed for all purposes considered (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. 4.3.2 3.3.3. The conduct of the Parties parties pursuant to this Agreement, including the use of Signed Documents properly transmitted pursuant to the this Agreement, shall, for all legal purposes, will evidence a course of dealing and a course of performance accepted by the Parties parties in furtherance of this AgreementAgreement and any Transaction. 4.3.3 3.3.4. The Parties 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 required to be in writing or signed by the Party party to be bound thereby. Signed Documents, if introduced as evidence on paper in any judicial, arbitration, mediation mediation, or administrative proceedings, will be admissible as between the Parties parties to the same extent and under the same conditions as other business records originated and maintained in documentary paper-based form. Neither Party party shall contest the admissibility of copies of Signed Documents under either the business records exception to the hearsay rule or nor the best evidence rule on the basis that the Signed Documents were not originated or maintained in documentary written form. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.

Validity; Enforceability. 4.3.1 3.3.1. This Agreement has been executed by the parties to evidence their mutual intent to create binding purchase and sale 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 Electronic TransactionTransaction any other written agreement described in Section 3.1, or this Agreement, to be a "writing" or "in writing"; and any such Document when containing, or to which there is affixed, a Signature ("Signed DocumentDocuments") 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 in the normal course of business. 4.3.2 3.3.3. The conduct of the Parties parties pursuant to this Agreement, including the use of Signed Documents properly transmitted pursuant to the this Agreement, shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the Parties parties in furtherance of this Agreement, any Transaction and any other written agreement described in Section 3.1. 4.3.3 3.3.4. The Parties 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 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 parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party 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. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.

Validity; Enforceability. 4.3.1 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 Data CommunicationsDocuments specifying certain of the applicable terms. 3.3.2. Any Document properly transmitted pursuant to this Agreement shall be considered, in connection with any Electronic Transaction, any other written agreement described in Section 3.1, 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 DocumentDocuments") 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 in the normal course of business. 4.3.2 3.3.3. The conduct of the Parties parties pursuant to this Agreement, including the use of Signed Documents properly transmitted pursuant to the this Agreement, shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the Parties parties in furtherance of this Agreement, any Transaction and any other written agreement described in Section 3.1. 4.3.3 3.3.4. The Parties 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 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 parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party 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. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.

Validity; Enforceability. 4.3.1 3.3.1 This Agreement has been executed by the parties to evidence their mutual intent to create binding purchase and sale 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 Electronic Transaction, any other written agreement described in Section 3.1, or this Agreement, to be a "“writing" ” or "“in writing"”; and any such Document when containing, containing or to which there is affixed, affixed a Signature ("“Signed Document"”) 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 in the normal course of business. 4.3.2 3.3.3 The conduct of the Parties parties pursuant to this Agreement, including the use of the Signed Documents properly transmitted pursuant to the this Agreement, shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the Parties parties in furtherance of this Agreement., any Transaction and any other written agreement described in Section 3.1 4.3.3 3.3.4 The Parties 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 party to be bound thereby. Signed Documents, if introduced as evidence on paper in any judicial, judicial arbitration, mediation or administrative proceedings, will be admissible as between the Parties parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party 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. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.

Validity; Enforceability. 4.3.1 3.3.1. This Agreement has been executed by the parties to evidence their mutual intent to create binding purchase and sale 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 Electronic Transaction, any other written agreement described in Section 3.1, or this Agreement, to be a "writing" or "in writing"; and any such Document when containing, or to which there is affixed, a Signature ("Signed DocumentDocuments") shall be deemed for all purposes purposes (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. 4.3.2 3.3.3. The conduct of the Parties parties pursuant to this Agreement, including the use of Signed Documents properly transmitted pursuant to the this Agreement, shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the Parties parties in furtherance of this Agreement, any Transaction and any other written agreement described in Section 3.1. 4.3.3 3.3.4. The Parties 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 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 parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party 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. 4.3.4 No disagreement or dispute of any kind between the Company and the CRES Provider, concerning any matter related to this Agreement or the performance thereof, shall permit either Party to delay or cease performing its obligations under this Agreement.