Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

Effective Date: 01/06/2009, Docket: RP09-203-000, Status: Effective

Sixth Revised Sheet No. 293 Sixth Revised Sheet No. 293

Superseding: Fifth Revised Sheet No. 293

GENERAL TERMS AND CONDITIONS (Continued)

24. PIPELINE SERVICE OBLIGATIONS (Continued)

24.4.5 Upon notification, the original Shipper shall have the

option, to be exercised within thirty (30) days of Transporter

determining which bid constitutes the best acceptable bid as

detailed in Subsection 24.4.4 to execute a firm Service Agreement

with Transporter which matches the bid constituting the highest

economic value to Transporter. If the original Shipper declines

to exercise this option, Transporter shall proceed to execute a

Service Agreement with the potential Shipper who submitted the

best acceptable bid. Upon execution of a firm Service Agreement

with such acquiring Shipper, Transporter will post the details of

the winning bid via an electronic communication mechanism.

24.4.6 If, upon expiration of the bidding period described in

Subsection 24.4.2, no acceptable bid for the released firm

capacity is received, upon notification of same, the original

Shipper shall have the option, to be exercised within thirty (30)

days of Transporter determining that no acceptable bid has been

received, of executing a firm Service Agreement with Transporter,

at the maximum rate, for any term requested by such Shipper. If

the original shipper fails to execute a firm Service Agreement

within thirty (30) days, the Right of First Refusal shall expire.

25. ODORIZATION

As between Transporter and Shipper, Transporter shall have no obligation

whatsoever to odorize the natural gas received or to maintain any

odorant levels in such natural gas. Shipper agrees to indemnify and

hold harmless Transporter, its officers, agents, employees and

contractors against any liability, loss or damage, including costs and

attorneys' fees, whether or not such liability, loss or damage arises

out of any demand, claim, action, cause of action, and/or suit brought

by Shipper or by any person, association or entity, public or private,

that is not a party to the Service Agreement, where such liability, loss

or damage is suffered by Transporter, its officers, agents, employees

and/or contractors as a direct or indirect result of any actual or

alleged failure by Shipper, Transporter and/or any other person,

association, or entity, public or private, to odorize the gas or to

maintain any odorant levels in such gas.