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.