Canyon Creek Compression Company

First Revised Volume No. 1A

Effective Date: 05/01/1991, Docket: RP91-123-000, Status: Effective

Substitute Original Sheet No. 45 Substitute Original Sheet No. 45 : Superseded

RATE SCHEDULE ICS

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13.9 If, for any reason other than Canyon's lack of capacity,

a Customer fails during any consecutive three (3) month period to

utilize an average daily flow equal to fifty percent (50%) of its

MDQ for any point(s) of receipt or delivery, then Canyon in its sole

discretion and at its sole option may unilaterally terminate service

or reduce Customer's MDQ to one hundred twenty-five percent (125%)

of the average daily flow for the previous three (3) month period.

In addition, Canyon may eliminate the point(s) of receipt or

delivery if the load factor at those point(s) is less than fifty

percent (50%) during any six (6) or twelve (12) month period.

14. AUTHORIZED OVERRUN SERVICE

Upon request of Customer, Canyon may (but is not

obligated to) receive, transport, and deliver on any day quantities

of natural gas in excess of Customer's MDQ under the ICS Agreement

when, in Canyon's reasonable judgment, the delivery capacity of its

System will permit such receipt, transportation, and delivery

without impairing the ability of Canyon to meet its other delivery

obligations. Deliveries pursuant to such Authorized Overrun Service

shall be subordinated to all other services including Authorized

Overrun Service under Rate Schedule FCS. The rate for Authorized

Overrun Service shall be the rate set forth on Sheet No. 5 of this

Tariff. Nothing herein shall affect the priorities specified in

Section 3 hereof.

15. WAIVERS

Canyon may waive any rights hereunder or any obligations

of Customer on a basis which is not unduly discriminatory; provided

that no waiver shall operate or be construed as a waiver of other or

future rights or obligations, whether of a like or different

character.