Midwestern Gas Transmission Company

Third Revised Volume No. 1

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

First Revised Sheet No. 410D First Revised Sheet No. 410D

Superseding: Original Sheet No. 410D

 

MIDWESTERN GAS TRANSMISSION COMPANY

FIRM TRANSPORTATION AGREEMENT

Rate Schedule FT-B

 

 

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.

 

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.

 

 

 

 

 

 

 

 

 

 

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