Midwestern Gas Transmission Company

Third Revised Volume No. 1

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

Second Revised Sheet No. 407 Second Revised Sheet No. 407

Superseding: First Revised Sheet No. 407

MIDWESTERN GAS TRANSMISSION COMPANY

FIRM TRANSPORTATION AGREEMENT

Rate Schedule FT-A or FT-GS

ARTICLE 10 - REGULATION

(Continued)

All Parties hereto shall cooperate to obtain or continue all necessary approvals or

authorizations, but no Party shall be liable to any other Party for failure to obtain

or continue such approvals or authorizations.

10.2 In the event the Parties are unable to obtain all necessary and satisfactory

regulatory approvals for service on facilities prior to the expiration of two (2)

years from the effective date hereof, then, prior to receipt of such regulatory

approvals, either Party may terminate this Agreement by giving the other Party at

least thirty (30) days prior written notice, and the respective obligations

hereunder, except for the provisions of Article 6.2 herein, shall be of no force and

effect from and after the effective date of such termination.

ARTICLE 11 - WARRANTIES

Shipper agrees to indemnify and hold Company harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses (including reasonable attorneys fees) arising

from or out of breach of any warranty, express or implied, by Shipper herein. Company

shall not be obligated to provide or continue service hereunder in the event of any breach

of warranty by Shipper.

ARTICLE 12 - TERM OF AGREEMENT

12.1 This Agreement shall become effective upon its execution and shall, under all

circumstances, continue in effect in accordance with Company's FERC Gas Tariff after

the Billing Commencement Date as set forth in Exhibit A or through ______________.

If the primary term of this Agreement shall be one year or more, then this Agreement

shall continue in effect thereafter until extended or terminated in accordance with

Section 16 of the General Terms and Conditions of Company's FERC Gas Tariff. Service

rendered pursuant to this Agreement shall be abandoned upon termination of this

Agreement.

12.2 Termination of this Agreement shall not relieve Company and Shipper of the obligation

to resolve or cash-out any imbalances hereunder, or Shipper of its obligation

hereunder to Company and shall be in addition to any other remedies that Company may

have.

12.3 In addition to any other remedy Company may have, this Agreement will terminate

automatically in the event Shipper fails to pay the entire amount of any invoice for

service rendered by Company hereunder when that amount is due, provided Company shall

give Shipper thirty days notice prior to any termination of service. Service may

continue hereunder if within the thirty day notice period satisfactory assurance of

payment is made in accordance with the terms and conditions of Section 6 of the

General Terms and Conditions of Company's FERC Tariff.

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