MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 269 Original Sheet No. 269

GENERAL TERMS AND CONDITIONS

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32. WAIVERS/NON-WAIVER OF FUTURE DEFAULT

(a) MEP may waive any of its rights or any obligations of

Shipper under this Tariff on a basis which is not unduly

discriminatory; provided that no waiver shall operate to be

construed as a waiver of other future rights or obligations, whether

of a like or different character.

(b) No waiver by either Shipper or MEP of any one or more

defaults by the other in performance of any of the provisions of an

Agreement shall operate or be construed as a waiver of any other

existing or future default or defaults, whether of a like or of a

different character.