Carolina Gas Transmission Corporation

Original Volume No. 1

Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 402 Original Sheet No. 402 : Effective

3.2 The parties understand that the Pool created hereunder is not a physical

point on Pipeline’s system. Nothing contained herein shall obligate

Pipeline to construct or install facilities.

3.3 Pooler shall exercise due diligence in monitoring the supplies serving

its Pool and shall use its best efforts to notify Pipeline promptly of

any known variations in such supplies.

3.4 Pooler agrees that Pipeline shall have the unilateral right to file with

the Commission and place into effect any changes in any of the provisions

of its Tariff, including, without limitation, any of Pipeline’s rates and

charges, rate schedules, GT&Cs, and forms as Pipeline may deem

appropriate in the exercise of its sole discretion. Nothing contained

herein shall prejudice the rights of Pooler to contest at any time the

changes made under this Article III.

ARTICLE IV

ASSIGNMENTS

4.1 Any entity that succeeds by purchase, merger, or consolidation to the

properties, substantially as an entirety, of Pooler or of Pipeline will

be entitled to the rights and will be subject to the obligations of its

predecessor in title under this Pooling Agreement. Either Pooler or

Pipeline may assign or pledge this Pooling Agreement under the provisions

of any mortgage, deed of trust, indenture, bank credit agreement,

receivable sale, or similar instrument that it has executed or may

execute hereafter without relieving itself of its obligations under this

Pooling Agreement. Except as set forth above, neither Pooler nor

Pipeline shall assign this Pooling Agreement or any of its rights

hereunder without the prior written consent of the other party; provided,

however, that neither Pooler nor Pipeline shall be released from its

obligations hereunder without the written consent of the other.