Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 05/10/2010, Docket: RP10-587-000, Status: Pending
Original Sheet No. 410Q Original Sheet No. 410Q
MIDWESTERN GAS TRANSMISSION COMPANY
FIRM TRANSPORTATION AGREEMENT (Conditional)
Rate Schedule FT-D
ARTICLE 6 - RATES FOR SERVICE
6.3 Changes in Tariff Provisions - Company shall have the right to file with the
FERC any changes in the rates, charges, terms and conditions of its Rate
Schedules, the General Terms and Conditions, or form of agreements in
Company's FERC Gas Tariff applicable to those Rate Schedules and to make
such changes effective at such times as Company desires and is possible
under applicable law. Company agrees that Shipper may protest any filed
changes before the FERC and exercise any other rights it may have with
ARTICLE 7 - RESPONSIBILITY DURING TRANSPORTATION
As between the Parties hereto, it is agreed that from the time gas is delivered
by Shipper to Company at the Receipt Point(s) and prior to delivery of such gas
to or for the account of Shipper at the Delivery Point(s), Company shall have the
unqualified right to commingle such gas with other gas in its system and shall
have the unqualified right to handle and treat such gas as its own.
Without limiting its other responsibilities and obligations under this Agreement,
the Shipper acknowledges that it is responsible for obtaining and assumes the
risk of loss of the following: (1) gas supply, (2) markets and (3)
transportation upstream and downstream of the Company's pipeline system.
Notwithstanding the loss of one or more of the items enumerated above, Shipper
shall continue to be liable for payment to the Company of the applicable rates
and charges as provided for in this Agreement and Company's FERC Gas Tariff.
ARTICLE 8 - PAYMENTS
Shipper shall make payments to Company under this Agreement in accordance with
the provisions of this Agreement and Section 6 of the General Terms and
Conditions of Company's FERC Gas Tariff as such Tariff may be revised or replaced
from time to time.
ARTICLE 9 - RATE SCHEDULES, GENERAL TERMS AND CONDITIONS
AND EXHIBIT A OF AGREEMENT
Company's Rate Schedules and General Terms and Conditions, which are on file with
the FERC and in effect, and Exhibit A hereto are all applicable to this Agreement
and are hereby incorporated by reference and made part of this Agreement. To the
extent a term or condition set forth in this Agreement is inconsistent with the
General Terms and Conditions, the General Terms and Conditions shall govern.
Furthermore, to the extent a term or condition set forth in this Agreement is
inconsistent with the applicable Rate Schedule, the Rate Schedule shall govern
unless the relevant provision is inconsistent with General Terms and Conditions.