Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 04/01/2007, Docket: RP07-316-000, Status: Effective

Second Revised Sheet No. 132I Second Revised Sheet No. 132I : Effective

Superseding: First Revised Sheet No. 132I

 

VIKING GAS TRANSMISSION COMPANY

MASTER ELECTRONIC TRANSACTIONS AGREEMENT

 

 

III. 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 Viking from and against all claims,

demands and causes of action (as well as all liabilities, costs, judgments or

expenses incurred by Viking) brought by third parties based upon this Agreement,

the use of electronic means or electronic agents, any technical advice or

information provided by Viking or Customer's use of Viking's computer, Internet

or communication facilities or systems, except that Viking 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 Viking. Customer agrees that

exercise of any and all rights or remedies at law or in equity against the

individual partners of Viking by Customer, its successors, assigns and

representatives is hereby expressly waived.

 

IV. 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

Oklahoma (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

Viking'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 Viking 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.