Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

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Effective Date: 05/01/2000, Docket: RP00-233-000, Status: Effective

Third Revised Sheet No. 198 Third Revised Sheet No. 198 : Superseded

Superseding: Second Revised Sheet No. 198

 

 

SYSTEM LICENSE AGREEMENT

 

 

3.3 With respect to requests for modifications to meters in an existing service

agreement between Subscriber and Pipeline, the Subscriber agrees to be bound by the

terms and conditions of the pro forma contract amendment contained in Pipeline's

FERC Gas Tariff, as modified to incorporate the meter modifications executed on-

line by Subscriber.

 

 

ARTICLE IV - RELEASE AND DISCLAIMER OF LIABILITY/INDEMNIFICATION

 

4.1 Except for the negligence, bad faith, fraud or willful misconduct of Pipeline,

Pipeline expressly disclaims any and all liability for loss and damage to

Subscriber or to any third parties associated with Subscriber's use of the System,

including but not limited to any loss or damage resulting from any one or more of

the following: (1) Subscriber's negligent or otherwise improper use of the System;

(2) any unauthorized use of the System, whether by Subscriber, Subscriber's

employees or former employees, or by any other persons; (3) any acts of God or

force majeure, as defined in Article X of Pipeline's General Terms and Conditions,

and also including electrical shortage and/or power outages; (4) any defects in

computer hardware or (5) any interruption or in malfunction of electronic

communication or transmission not within Pipeline's control. Such causes or

contingencies affecting the performance of this Agreement shall not relieve

Pipeline or liability in the event (a) it fails to use due diligence to remedy the

situation and remove the causes or contingencies affecting performance of this

Agreement or (b) it fails to give Subscriber notice and full particulars of the

same in writing or by telegraph or facsimile as soon as possible after the event

or situation arises.