Midwestern Gas Transmission Company
Third Revised Volume No. 1
Contents / Previous / Main Tariff Index
Effective Date: 04/01/2007, Docket: RP07-318-000, Status: Effective
Second Revised Sheet No. 512 Second Revised Sheet No. 512 : Effective
Superseding: First Revised Sheet No. 512
MIDWESTERN GAS TRANSMISSION COMPANY
MASTER ELECTRONIC TRANSACTIONS AGREEMENT
3. Disclaimer of Warranties and Limitation of Damages (Continued)
B. Customer assumes all risks of loss or liability arising out of this Agreement and
hereby agrees to hold harmless and indemnify Midwestern from and against all
claims, demands and causes of action (as well as all liabilities, costs, judgments
or expenses incurred by Midwestern) brought by third parties based upon 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, except that Midwestern will remain
liable for its own negligence. All claims arising from and out of the terms of
this Agreement shall be limited to the assets of Midwestern.
4. Interpretation and Miscellaneous Provisions
A. Interpretation. This Agreement is designed to facilitate electronic transactions
between the Parties. This Agreement evidences the complete and exclusive
understanding and agreement of the parties with respect to electronic transactions
and supersedes and merges any prior understandings or agreements related thereto.
B. Governing Law. This Agreement shall be governed by the laws of the State of
Nebraska (without regard to conflicts of law principles), including, without
limitation, the applicable provisions of the Uniform Electronic Transactions Act as
adopted in the State of Oklahoma. Tulsa County shall be the sole appropriate venue
and jurisdiction for all controversies in connection with this Agreement.
C. Subject to Tariff. The terms and conditions of this Agreement are subject to
Midwestern's FERC Gas Tariff, as amended from time to time.
D. Assignment. Except as otherwise expressly provided herein, the Parties may not
assign rights or delegate duties arising hereunder without the prior written
consent of the other Party, and any assignment or delegation of any right, duty, or
claim arising hereunder without such consent shall be void.
E. Modification and Waiver. No amendment, modification, or waiver of this Agreement
shall be effective unless made in a written instrument which specifically
references this Agreement and which is signed by the Parties.
F. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties and their respective successors and permitted assigns.
G. Identification of Customer. This Agreement shall be binding upon the entity
associated with the Logon I.D. in use when the "ACCEPT" button is clicked. If
multiple entities are associated with the Logon I.D., then this Agreement shall be
binding upon all such entities as though each entity individually entered into this
H. Representation of Authority. The representative of Customer clicking on the
"ACCEPT" button represents and warrants to Midwestern that (i) he or she has the
corporate power and authority to enter into this Agreement; and, (ii) the execution
and delivery of this Agreement and the consummation of the transactions
contemplated hereby has been duly authorized by all necessary corporate action on
the part of Customer.