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Third Revised Sheet No. 198 Third Revised Sheet No. 198 : Superseded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