Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
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Effective Date: 09/01/1993, Docket: RS92- 41-003, Status: Effective
Original Sheet No. 170 Original Sheet No. 170 : Effective
FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT
ARTICLE VI - GOVERNMENTAL BODIES
Notwithstanding any other provision hereof, this Agreement shall be subject
to all laws, statutes, ordinances, regulations, rules and court decisions of
governmental entities now or hereafter having jurisdiction.
ARTICLE VII - REPLACEMENT SHIPPER'S INDEMNIFICATION
7.1 Replacement Shipper recognizes that its rights to transportation service hereunder
are solely those rights released by Releasing Shipper. The Replacement Shipper
agrees that it will indemnify Transporter against any claim or suit of any kind by
any Releasing Shipper, its successor or assigns arising from any action taken by
Transporter in reliance upon the nominations, scheduling instructions or other
communications from Replacement Shipper or its agents. Replacement Shipper
further agrees that it will hold Transporter harmless for any action taken by
Transporter in reliance upon the nominations, scheduling instructions, or other
communications of the Releasing Shipper or its agents. Replacement Shipper
further recognizes and agrees that Transporter shall have no obligation to honor
any nomination or scheduling request from Replacement Shipper or its agents that
in Transporter's sole opinion conflicts with communications or instructions
received by Transporter from the Releasing Shipper (or its agents) or with the
terms of Transporter's Tariff.
7.2 Replacement Shipper agrees to indemnify Releasing Shipper against any claim or
suit of any kind by Transporter, its successor or assigns, or by a third party
arising from any action taken by a Replacement Shipper under this Released
Transportation Agreement.
ARTICLE VIII - MISCELLANEOUS PROVISIONS
8.1 No waiver by any Party of any one or more defaults by the other in the performance
of any provisions of this Agreement shall operate or be construed as a waiver of
any future default or defaults, whether of a like or of a different character.
8.2 The headings of the Articles of this Agreement are inserted for convenience of
reference only and shall not affect the meaning or construction thereof.