Cimarron River Pipeline, LLC

Original Volume No. 1

Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 280 Original Sheet No. 280

GENERAL TERMS AND CONDITIONS

16. WAIVERS

(a) In recognition of the fact that each penalty provision in this

Tariff is intended to promote conscientious operations by a Shipper so that

service to other Shippers is not impaired, Transporter may waive any

penalties incurred by a Shipper if Transporter determines, in its reasonable

judgment, that the Shipper was conducting its operations in a responsible

manner when the penalties were incurred and that Shipper's conduct did not

impair service to another Shipper. Transporter must grant waivers under

this Section on a non-discriminatory basis, and waiver of any penalties

shall not constitute an automatic waiver of any future penalties.

(b) Transporter shall maintain a record of all waivers granted under

this Section and shall make these records available upon request to the

Commission and to any Shipper.

obligations of Shipper on a basis that is not unduly discriminatory;

provided that no waiver by either Shipper or Transporter of any one or more

defaults by the other in the performance of any provision of a TSA shall

operate or be construed as a waiver of any future default or defaults,

whether of a like or of a different character.

17. NOTICES

17.1 General Notices:

Except as otherwise provided herein, any notice, request, or demand

concerning service under any TSA may be given in writing and sent by

first-class U.S. mail, postage prepaid, by facsimile with receipt confirmed,

by e-mail, or by personal delivery to the address stated in the TSA.

System-wide notices shall have a separate category on Transporter's Internet

Website for notices that are not critical.