Customer Activities Sign Up

This NNG Customer Activities Form (Form) is for access to the following Northern Natural Gas Company (hereafter referred to as Company) transactional application systems:

Nominations / Scheduling / Flowing Gas / Invoicing / Contracts / Capacity Release

WHEREAS, Customer desires to access Company's electronic customer interface system (hereafter referred to as NNG Customer Activities) for the purpose of accessing Company's Transportation Management System (TMS) to submit nominations of gas to Company, and accessing any other available application, current or future, deemed necessary, and made available by the Company through NNG Customer Activities.

WHEREAS, Company is willing to allow Customer and the employee designated by this Form such access in accordance with the terms and conditions of this Form.

Customer's access to NNG Customer Activities is subject to the following terms and conditions:

1. Security, Software and Equipment

   1. Company shall provide Customer's employee with a separate log-on identification code ("ID Code") and password. In addition, Company shall provide customer communication software for access to the "NNG Customer Activities" Customer interface system (the ID Codes, passwords, communication software and the "NNG Customer Activities" network are cumulatively referred to herein as the "System"). Customer agrees that only those employees it authorizes to conduct business shall be allowed to apply for ID Codes, passwords, and access to the System. To receive the ID Codes, passwords, and communication software, and to access NNG Customer Activities, each of Customer's qualifying employees who will use the System must first complete this Form and consent to these Terms and Conditions of Use. Customer shall maintain the ID Codes and passwords in the utmost confidence and shall not use the System except as authorized herein and shall not disclose ID Codes or passwords to others. If any employee of Customer leaves the employment of Customer or their scope of employment does not require access to NNG Customer Activities, Customer will immediately notify Company. Customer agrees to take all necessary precautions to ensure that no other party, except its authorized employees, shall use the ID Codes or passwords.

   2. Except for the restricted right to use the System provided herein, Customer is granted no use or access rights under the System. Customer shall not copy the System or use the System to prepare derivative works. Customer shall properly use the System in accordance with Company's instructions, shall make no effort to improperly access NNG Customer Activities network or the computers on which the System is operating, and shall make no effort to reverse-engineer the system.

2. Nominations: TMS Portion

   It is Customer's responsibility to check the daily schedule, which shall be available prior to gas flowing, to assure that Customer's nominations have been correctly transmitted and received by Company. Any discrepancy discovered or which would have been discovered by Customer review of the daily schedule shall be the reporting responsibility of Customer prior to gas flow. It is Customer's responsibility to check any data input by Customer. Any discrepancy discovered or which would have been discovered by Customer review shall be the responsibility of Customer. Customer acknowledges that Company continues to maintain alternative methods of communicating gas nominations and is aware of those methods; in the event the System is not accessible for any reason, Customer agrees to use one of the alternative methods of communicating with Company.

3. Capacity Release Application

   It is the Customer's responsibility to go to the capacity release application either to post or to bid upon transportation capacity. A capacity release transaction is initiated by the posting of capacity by any Customer.

   1. Releasing Customer. Any Customer posting capacity for capacity release ("Releasing Customer") hereby agrees that by a "click" on the space designated as "Execute," which will electronically post capacity, such Releasing Customer is submitting an executed amendment to Releasing Customer's underlying contract, which will effectuate the capacity release transaction and which will take effect only either by the confirmation by the customer acquiring the capacity in a prearranged transaction or by the award of part or all of the capacity to one or more customer(s) submitting bids on the posted capacity (collectively referred to as "Acquiring Customer").

   2. Acquiring Customer. Any Acquiring Customer who confirms a prearranged transaction agrees that such confirmation is an electronic execution, pursuant to the terms of this Agreement, of a service agreement for the service as described in the posting. Any Acquiring Customer who submits a bid for posted capacity hereby agrees that submission of such bid electronically is an execution of a service agreement for the service set out in the bid and such agreement is effective upon award of the bid.

4. Customer is permitted to use the System solely for Customer's convenience. Thus, Customer's use of the System is "AS IS, WHERE IS," and undertaken with all faults. Customer agrees there are no representations or warranties, express or implied, that might arise in connection with this Form or Customer's use of the System. Additionally, COMPANY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer agrees Company shall have no liability whatsoever, whether in contract or tort, for any losses sustained as a result of failures or deficiencies in the System. In no event shall Company be liable for any failures or deficiencies in the System. In no event shall Company be liable for any incidental, consequential, special, or punitive damages arising out of or in connection with the delivery, use, or performance of the System. Customer assumes all risks of loss or liability arising out of its use of the System and hereby agrees to hold harmless and indemnify Company from and against all claims, demands, and causes of action (as well as all liabilities, costs, judgments, or expenses incurred by Company) brought by third parties based upon, arising out of or resulting from Customer's use of the System, except that Company will remain liable for its own gross negligence or willful misconduct.

5. Both Customer and Company shall have the right to terminate access to the System at any time for any reason whatsoever, with or without cause. Company shall have the right to modify or terminate its NNG Customer Activities electronic delivery and/or Customer's or any employee's right to use the System at any time. Company also reserves the right to invalidate ID Codes and passwords for cause and shall provide reasonable notice of such invalidation. Upon termination of System access or upon request by Company, Customer or employee shall thereafter immediately cease all use of the System.

6. This Agreement is personal to Customer and its employee(s) and may not be assigned, licensed or transferred (except as part of the sale of the assets of Customer's business to which this Form relates) by Customer without the express written consent of Company.

7. All documents and transactions entered into using NNG Customer Activities are subject to the FERC Gas Tariff of Company, as revised from time to time, and any applicable laws and regulations.

8. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.

9. To the extent that there are other written agreements in place between the parties, submission of this Form shall not cancel or supersede those other agreements except to the extent inconsistent with the specific terms and conditions hereof pertaining to the System. However, the terms and provisions of this Form supersede any oral representations between the parties or any conflicting terms and conditions in any other agreement with regard to the subject matter of this Form. Customer's use of NNG Customer Activities shall be governed and construed in accordance with the laws of the STATE OF NEBRASKA, excluding any conflicts of law, rule or principle that might refer same to the laws of another jurisdiction.