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

Agreement.

 

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.