Document Requirements. A. Each party may electronically transmit to or receive from the other party any of the transaction sets listed in the Medicaid Trading Partner Profile and transaction sets which parties by written agreement add to the Medicaid Trading Partner Profile (collectively Documents). Any transmission of data which is not a Document shall have no force or effect between parties unless justifiably relied upon by the receiving party. All Documents shall be transmitted in accordance with the standards (and the published industry guidelines) set forth in the Medicaid Trading Partner Profile and the Medicaid Trading Partner Information Guide. B. Any Document properly transmitted pursuant to this Agreement shall be considered in connection with any 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. C. 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 must be in writing and 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. The parties shall not contest the admissibility of copies of Signed Documents under the business records exception to the hearsay rule, or the best evidence rule, or on the basis that the Signed Documents were not originated or maintained in documentary form.
Appears in 1 contract
Sources: Trading Partner Data Sharing and Confidentiality Agreement
Document Requirements. A. Each party may electronically transmit to or receive from the other party any of the transaction sets listed in the Medicaid Trading Partner Profile and transaction sets which parties by written agreement add to the Medicaid Trading Partner Profile (collectively Documents). Any transmission of data which is not a Document shall have no force or effect between parties unless justifiably relied upon by the receiving party. All Documents shall be transmitted in accordance with the standards (and the published industry guidelines) set forth in the Medicaid Trading Partner Profile and the Medicaid Trading Partner Information Guide.
B. Any Document properly transmitted pursuant to this Agreement shall be considered in connection with any 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.
C. 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 must be in writing and 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. The parties shall not contest the admissibility of copies of Signed Documents under the business records exception to the hearsay rule, or the best evidence rule, or on the basis that the Signed Documents were not originated or maintained in documentary form.
Appears in 1 contract