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.