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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