MidContinent Express Pipeline LLC

Original Volume No. 1

Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 38 Original Sheet No. 38

RATE SCHEDULE ITS

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5.3 (a) Unless otherwise agreed by contract, Shipper shall

reimburse MEP within thirty (30) days after costs have been

incurred by MEP for all fees required by the FERC or any regulatory

body including, but not limited to, filing, reporting, and

application fees to the extent such fees are specifically related

to service for that Shipper hereunder and are not generally

applicable fees (such as general rate case filing fees).

(b) Unless otherwise agreed by contract, if MEP

constructs, acquires or modifies any facilities (excluding

Expansion Facilities) to perform service hereunder, then, to the

extent provided in Section 5 of the General Terms and Conditions of

this Tariff and pursuant to a separate agreement, either:

(1) Shipper shall reimburse MEP for the cost of

such facilities or facility modifications as described in the

General Terms and Conditions of this Tariff; or

(2) MEP shall assess a Monthly charge reflecting

such facility costs.

5.4 The ACA charge will be assessed, when applicable, as

provided in the General Terms and Conditions of this Tariff, on

volumes received by MEP from Shipper under this Rate Schedule ITS.

5.5 (a) Unless otherwise provided by contract, MEP shall

have the unilateral right to file with any appropriate regulatory

authority and make changes effective in: (1) the rates and charges

applicable under this Rate Schedule ITS, including both the level

and design of such rates and charges; or (2) the terms and

conditions of this Rate Schedule ITS, including the applicable

General Terms and Conditions.