MidContinent Express Pipeline LLC

Original Volume No. 1

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

Original Sheet No. 312 Original Sheet No. 312

[FOR RATE SCHEDULE IBS]

Contract No. ......

MIDCONTINENT EXPRESS PIPELINE LLC (MEP)

RATE SCHEDULE IBS

AGREEMENT DATED ..........................

UNDER SUBPART ........ OF PART 284

OF THE FERC'S REGULATIONS (CON'T)

c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall MEP be required to refund to

Shipper any amounts collected for service to which the discounted rate(s) apply, unless the

relevant discounted rate billed to Shipper exceeds the corresponding applicable effective

maximum rates set forth in MEP's FERC Gas Tariff, as approved by the FERC from time to time.

d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall MEP be required to refund to

Shipper any amounts collected for service to which the negotiated rates apply, notwithstanding

any otherwise applicable maximum or minimum rate set forth in MEP's FERC Gas Tariff, as may be

revised from time to time.

e. (NEGOTIATED RATE AGREEMENTS ONLY) Shipper and MEP understand and agree that this Agreement

shall be subject to any and all applicable conditions precedent under MEP's FERC Gas Tariff

and the regulations and policies of the FERC, including without limitation any requirements

for MEP to file for and receive FERC approval of the Negotiated Rates.

f. Notifications. Except as otherwise may be expressly provided herein, any notice or

communication contemplated or required by this Agreement shall be in writing unless oral

notification is expressly authorized herein, and shall be sent to the appropriate party at the

relevant address set forth in the Agreement, as may be revised from time to time.

g. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing to either

Natural or Shipper upon breach or default by the other will impair any right or remedy or be

construed to be a waiver of any such breach or default, not will a waiver of any single breach

be deemed a waiver of any other breach or default.

h. Succession and Assignment. Any entity which shall succeed by purchase, merger or consolidation

to title to the properties, substantially as an entirety, of MEP or Shipper as the case may

be, shall be entitled to the rights and shall be subject to the obligations of its predecessor

in title under this Agreement. No other assignment of this Agreement nor of any of the

individual rights or obligations hereunder by Shipper shall be effective as to MEP without the

prior express written consent of MEP.

i. No Third Party Beneficiaries. This Agreement shall not create any rights in any third parties,

and no provision of this Agreement shall be construed as creating any obligations for the

benefit of, or rights in favor of, any person or entity other than MEP or Shipper.