American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22

 

firm transportation of Gas volumes from Customer's Point(s) of Receipt to Customer's

Points of Delivery. Customer will be permitted, without prior notice to Pipeline, to receive

quantities in excess of its nomination(s) up to the quantities Customer and Pipeline agree

in an NNS Service Agreement may be required on any given Day to cover such excess

deliveries (NNS MDQ). Customer's NNS MDQ shall be a uniform quantity throughout the

contract year, except that Pipeline may, on a not unduly discriminatory basis, agree to

certain differing levels in Customer's NNS MDQ over specified periods. Customer's NNS

MDQ and any differing levels in NNS MDQ, as well as the period of such differing NNS

MDQ levels, shall be specified in the executed Service Agreement. The NNS MDQ shall

be a uniform quantity throughout the Month. If no-notice deliveries are taken in excess of

Customer's NNS MDQ, Customer shall be subject to the penalties provided in Paragraph

17.5 of the General Terms and Conditions and shall indemnify Pipeline pursuant to

Paragraph 17.1 of Pipeline's General Terms and Conditions.

 

(b) The availability of Gas volumes to be received by Pipeline at Customer's Point(s) of

Receipt is contingent upon Pipeline facilities and delivery obligations controlled by various

third parties. In the event such third parties have FERC Gas Tariff(s) on file with the

FERC, service hereunder shall be subject to all applicable terms, conditions and other

provisions of such tariffs and capacity must be available through facilities of third parties

for the transportation of Gas volumes to the Customers' Point(s) of Receipt. To the

extent that such capacity is not available, service under this Rate Schedule may be

impaired, curtailed or no longer available. In the event that capacity through the facilities

of such third parties to transport Gas volumes to the Customer's Point(s) of Receipt is

reduced, curtailed or otherwise not available to deliver Gas to Pipeline at the Receipt

Point, Customer's service pursuant to this Rate Schedule shall be reduced pro rata

except as provided in Section 6 of Pipeline's General Terms and Conditions. Customer

shall indemnify and hold Pipeline harmless for any injuries, claims or damages incurred

by Customer as a result of a reduction, curtailment or other unavailability of service by

any third parties.