Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 04/01/2007, Docket: RP07-318-000, Status: Effective
Fourth Revised Sheet No. 494 Fourth Revised Sheet No. 494 : Effective
Superseding: Third Revised Sheet No. 494
MIDWESTERN GAS TRANSMISSION COMPANY
ELECTRONIC COMMUNICATION AGREEMENT
4. Customer is being allowed to utilize the System solely for Customer's convenience.
Thus, Customer's use of the System is "AS IS, WHERE IS," and with all faults.
Customer agrees there are no representations or warranties, express or implied, that
might arise in connection with this Agreement or Customer's use of the System.
Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Customer agrees Company shall have no liability whatsoever,
whether in contract or tort, for any losses sustained as a result of failures or
deficiencies in the System. In no event shall Company be liable for any failures or
deficiencies in the System. In no event shall Company be liable for any incidental,
consequential, special or punitive damages arising out of or in connection with the
delivery, use or performance of the System. Customer assumes all risks of loss or
liability arising out of its use of the System and hereby agrees to hold harmless and
indemnify Company from and against all claims, demands and causes of action (as well
as all liabilities, costs, judgments or expenses incurred by Company) brought by third
parties based upon, arising out of or resulting from Customer's use of the System,
except that Company will remain liable for its own gross negligence or willful
misconduct. All claims arising from and out of the terms of this Agreement shall be
limited to the assets of the Company.
5. Both Customer and Company shall have the right to terminate this Agreement at any time
for any reason whatsoever, with or without cause. Company shall have the right to
modify or terminate its Telecommunications Network and/or Customer's right to use the
System at any time. Company also reserves the right to invalidate ID Codes and
Passwords for cause and shall provide reasonable notice of such invalidation. Upon
termination of this Agreement or upon request by Company, Customer shall thereafter
immediately cease all use of the System.
6. This Agreement is personal to Customer and may not be assigned, licensed or
transferred (except as part of the sale of the assets of Customer's business to which
this Agreement relates) by Customer without the express written consent of Company.
7. There are other written agreements in place between the Parties and this Agreement
shall not cancel or supersede those other agreements except to the extent inconsistent
with the specific terms and conditions hereof pertaining to the System. However, the
terms and provisions of this Agreement do supersede any oral representations between
the Parties or any conflicting terms and conditions in any other agreement with regard
to the subject matter of this Agreement. This Agreement contains the entire agreement
between the Parties with respect to the subject matter hereof and shall not be
modified except by written instrument duly executed by both Parties. This Agreement
shall be governed and construed in accordance with the laws of the STATE OF OKLAHOMA,
excluding any conflicts of law, rule or principle that might refer same to the laws of