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. 480 Third Revised Sheet No. 480
Superseding: Second Revised Sheet No. 480
MIDWESTERN GAS TRANSMISSION COMPANY
FORM OF RELEASED FIRM TRANSPORTATION AGREEMENT
(Applicable to firm transportation rights
released pursuant to Section 21 of the
General Terms and Conditions of this Tariff)
ARTICLE 5 - SUCCESSORS AND ASSIGNS
(Continued)
any other matters relevant thereto. No permitted assignment shall relieve the assigning
Party from any of its obligations under this Agreement. Replacement Shipper hereby
confirmed that the rights of Company under this agreement that may be assigned include any
right given or reserved to Company in the Agreement to consent to any assignment or
transfer by Replacement Shipper of its rights and obligations thereunder.
ARTICLE 6 - GOVERNMENTAL BODIES
Notwithstanding any other provision hereof, this Agreement shall be subject to all laws,
statutes, ordinances, regulations, rules and court decisions of governmental entities now
or hereafter having jurisdiction.
ARTICLE 7- REPLACEMENT SHIPPER'S INDEMNIFICATION
7.1 Replacement Shipper recognized that its rights to transportation service hereunder
are solely those rights released by Releasing Shipper. The Replacement Shipper
agrees that it will indemnify Company against any claims or suit of any kind by any
Releasing Shipper, its successor or assigns arising from any action taken by Company
in reliance upon the nominations, scheduling instructions or other communications
from Replacement Shipper or its agents. Replacement Shipper further agrees that it
will hold Company harmless for any action taken by Company in reliance upon the
nominations, scheduling instructions, or other communications of the Releasing
Shipper or its agents. Replacement Shipper further recognizes and agrees that
Company shall have no obligation to honor any nomination or scheduling request from
Replacement Shipper or its agents that in Company's sole opinion conflicts with
communications or instructions received by Company from the Releasing Shipper (or its
agents) or with the terms of Company's Tariff.
7.2 Replacement Shipper agrees to indemnify Releasing Shipper against any claim or suit
of any kind by Company, its successor or assigns, or by a third party arising from
any action taken by a Replacement Shipper under this Released Transportation
Agreement.
ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.1 No waiver by any Party of any one or more defaults by the other in the performance of
any provisions of this Agreement shall operate or be construed as a waiver of any
future default of defaults, whether of a like or of a different character.
8.2 The headings of the Articles of this Agreement are inserted for convenience of
reference only and shall not affect the meaning or construction thereof.
8.3 As to all matters of construction and interpretation, this agreement shall be
interpreted by the laws of the state of Oklahoma, without regard to its conflict of
laws provisions.
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