MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 281 Original Sheet No. 281

GENERAL TERMS AND CONDITIONS

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37. OPERATOR

37.1 DESIGNATION OF OPERATOR

MEP has designated Kinder Morgan NatGas Operator LLC to be

Operator of the System to perform all of MEP's obligations

hereunder. MEP reserves the right to change the designation of the

Operator.

37.2 WAIVER AND INDEMNIFICATION

(a) In the absence of gross negligence, recklessness or

willful misconduct on the part of Operator, its officers, employees

or agents, each Shipper waives any and all claims and demands

against Operator, its officers, employees or agents, arising out of

or in any way connected with: (1) the quality, use or condition of

the Gas after delivery from the System for the account of such

Shipper; (2) any losses or shrinkage of Gas during and resulting

from transportation hereunder; and (3) all other claims and demands

arising out of the performance of the duties of Operator, its

officers, employees or agents hereunder.

(b) Except in the case of gross negligence, recklessness

or willful misconduct on the part of Operator, its officers,

employees or agents, each Shipper shall indemnify and save harmless

Operator, its officers, employees or agents from any claim, demand

or expense for loss, damage or injury to property or to persons who

are not Shippers of Gas in the System which arises out of or is

connected with the performance of the duties of Operator, its

officers, employees or agents hereunder in transporting gas for any

Shipper.