Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 07/09/2004, Docket: RP04-325-000, Status: Effective
First Revised Sheet No. 511 First Revised Sheet No. 511 : Effective
Superseding: Original Sheet No. 511
MIDWESTERN GAS TRANSMISSION COMPANY
MASTER ELECTRONIC TRANSACTIONS AGREEMENT
2. Agreement to Utilize Electronic Means (Continued)
A. (Continued)
3. A contract or agreement may be formed by the Parties solely through the use of
electronic means or through the use or interaction of electronic agents.
4. Unless otherwise agreed by the Parties, an electronic record or communication
is sent when it:
a. is addressed properly or otherwise directed properly to an information
processing system that the recipient has designated or uses for the purpose
of receiving electronic records or information of the type sent and from
which the recipient is able to retrieve the electronic record;
b. is in a form capable of being processed by that system; and
c. enters an information processing system outside the control of the sender
or of a person that sent the electronic record on behalf of the sender or
enters a region of the information processing system designated or used by
the recipient which is under the control of the recipient.
5. Unless otherwise agreed between the Parties, an electronic record or
communication is received when:
a. it enters an information processing system that the recipient has
designated or uses for the purpose of receiving electronic records or
information of the type sent and from which the recipient is able to
retrieve the electronic record; and
b. it is in a form capable of being processed by that system.
B. The Customer agrees to comply with all directives, rules, regulations and
requirements of Midwestern (the "Directives") regarding the types transactions
which may be conducted by electronic means or through the interaction of electronic
agents as well as the technology to be used. Such Directives may address eligible
transactions, communication protocols, methods of electronic communication,
encryption, use of digital signatures, security, confidentiality, authentication
and other subjects related to electronic means.
C. At any time, either Party may refuse to conduct further transactions by electronic
means.
3. Disclaimer of Warranties and Limitation of Damages
A. Customer agrees there are no representations or warranties, express or implied,
that might arise in connection with this Agreement, the use of electronic means or
electronic agents, any technical advice or information provided by Midwestern or
Customer's use of Midwestern's computer, Internet or communication facilities or
systems. Additionally, MIDWESTERN DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.