2.__Formation.__A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

3.__Writing.__If a law requires a record to be in writing, an electronic record satisfies the law.

4.__Signature.__If a law requires a signature, an electronic signature satisfies the law.

§9408.__Provision of information in writing; presentation of

records

1.__Writing.__If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.__An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

2.__Records.__If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules apply:

A.__The record must be posted or displayed in the manner specified in the other law;

B.__Except as otherwise provided in subsection 4, paragraph B, the record must be sent, communicated or transmitted by the method specified in the other law; and

C.__The record must contain the information formatted in the manner specified in the other law.

3.__Unenforceable.__If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

4.__Variance by agreement.__The requirements of this section may not be varied by agreement, but: