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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