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.