Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 11/15/2008, Docket: RP08-374-000, Status: Effective

Second Revised Sheet No. 272 Second Revised Sheet No. 272

Superseding: First Revised Sheet No. 272

 

GENERAL TERMS AND CONDITIONS

(continued)

 

12. QUALITY OF GAS (continued)

 

12.5 Waiver.

 

(a) Notwithstanding the requirements set forth in this

Section 12, to the extent that the interruption of

supply available to Pipeline's system results in

volumes available for flow on the system that, in

Pipeline's reasonable determination, are equal to or

less than the aggregate quantity of local distribution

company and end-use markets connected directly to the

system, Pipeline may allow Customer to tender for

service or cause to be tendered, pursuant to an

executed Service Agreement under Pipeline's rate

schedules, gas which does not when injected into

Pipeline's pipeline meet the quality specifications

set forth in this Section 12; provided that Pipeline's

acceptance of such gas shall not adversely impact

Pipeline's system facilities or operations. Pipeline

shall post on LINK® any such waiver of Pipeline's gas

quality requirements. Customer acknowledges that

following the posting of a waiver as contemplated in

this Section 12.5(a), Customer may receive gas that

does not conform to the specifications set forth in

this Section 12 if deliveries are scheduled under

Customer's Service Agreement while the posting is in

effect. Pipeline shall implement this Section 12.5(a)

on a non-discriminatory basis. In the event that

Pipeline's acceptance of such gas results in the

diminution in quality, quantity or economic value of

gas transported for others, Customer who injects or

causes to be injected such gas into Pipeline's system

shall be liable for any damage caused thereby and such

Customer shall indemnify and hold Pipeline harmless

from any damage caused thereby; provided, however,

that Customer shall not be obligated to indemnify

Pipeline for any damage resulting from Pipeline's

gross negligence, undue discrimination or willful

misconduct in its handling of the gas pursuant to this

Section 12.5(a).