Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 12/01/2009, Docket: RP10-74-000, Status: Effective

Third Revised Sheet No. 406 Third Revised Sheet No. 406

Superseding: Second Revised Sheet No. 406

 

MIDWESTERN GAS TRANSMISSION COMPANY

FIRM TRANSPORTATION AGREEMENT

Rate Schedule FT-A or FT-GS

 

 

ARTICLE 6 - RATES FOR SERVICE

(Continued)

 

6.3 Changes in Tariff Provisions - Company shall have the right to file with the FERC any

changes in the rates, charges, terms and conditions of its Rate Schedules, the

General Terms and Conditions, or form of agreements in Company's FERC Gas Tariff

applicable to those Rate Schedules and to make such changes effective at such times

as Company desires and is possible under applicable law. Company agrees that Shipper

may protest any filed changes before the FERC and exercise any other rights it may

have with respect thereto.

 

 

ARTICLE 7 - RESPONSIBILITY DURING TRANSPORTATION

 

As between the Parties hereto, it is agreed that from the time gas is delivered by Shipper

to Company at the Receipt Point(s) and prior to delivery of such gas to or for the account

of Shipper at the Delivery Point(s), Company shall have the unqualified right to commingle

such gas with other gas in its system and shall have the unqualified right to handle and

treat such gas as its own.

 

Without limiting its other responsibilities and obligations under this Agreement, the

Shipper acknowledges that it is responsible for obtaining and assumes the risk of loss of

the following: (1) gas supply, (2) markets and (3) transportation upstream and downstream

of the Company's pipeline system. Notwithstanding the loss of one or more of the items

enumerated above, Shipper shall continue to be liable for payment to the Company of the

applicable rates and charges as provided for in this Agreement and Company's FERC Gas

Tariff.

 

 

ARTICLE 8 - PAYMENTS

 

Shipper shall make payments to Company under this Agreement in accordance with the

provisions of this Agreement and Section 6 of the General Terms and Conditions of Company's

FERC Gas Tariff as such Tariff may be revised or replaced from time to time.

 

 

ARTICLE 9 - RATE SCHEDULES, GENERAL TERMS AND CONDITIONS

AND EXHIBIT A OF AGREEMENT

 

Company's Rate Schedules and General Terms and Conditions, which are on file with the FERC

and in effect, and Exhibit A hereto are all applicable to this Agreement and are hereby

incorporated by reference and made part of this Agreement. To the extent a term or

condition set forth in this Agreement is inconsistent with the General Terms and

Conditions, the General Terms and Conditions shall govern. Furthermore, to the extent a

term or condition set forth in this Agreement is inconsistent with the applicable Rate

Schedule, the Rate Schedule shall govern unless the relevant provision is inconsistent with

General Terms and Conditions.

 

 

ARTICLE 10 - REGULATION

 

10.1 This Agreement shall be subject to all applicable and lawful United States

governmental statutes, orders, rules and regulations of duly constituted authorities

having jurisdiction and is contingent upon the receipt and continuation of all

necessary regulatory approvals or authorization upon terms acceptable to Company.

This Agreement shall be void and of no force and effect if any necessary regulatory

approval or authorization is not so obtained or continued.

 

 

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