Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 100 Original Sheet No. 100

GENERAL TERMS AND CONDITIONS

1. DEFINITION OF TERMS

1.1 "Agreement" shall mean the Service Agreement executed by the

Shipper and Transporter and any exhibits, attachments and/or

amendments thereto

1.2 "Annual Billing Period" as used in Sections 4.9(d) and 10.3(e),

shall have the meaning set forth in Section 4.9(d) of these

General Terms and Conditions.

1.3 "Annual Firm Shipper" shall mean an FT Shipper subject to the

Year-Round Reservation Charge, pursuant to Section 3.5 of the FT

Rate Schedule.

1.4 "Backhaul" shall mean the receipt and delivery of Gas which is

accomplished by the Transporter's delivery of Gas at Point(s) of

Delivery of Transporter which is or are upstream from its

Point(s) of Receipt of such Gas.

1.5 "BTU" shall mean one (1) British thermal unit, the amount of

heat required to raise the temperature of one (1) pound of water

one degree (1) Fahrenheit at sixty degrees (60) Fahrenheit. (BTU

is measured on a dry basis at 14.73 psia.)

1.6 "Business Day" shall mean Monday through Friday, excluding

Federal Banking Holidays for transactions in the U.S., and

similar holidays for transactions occurring in Canada and

Mexico.

1.7 "Central Clock Time" shall mean the clock time, daylight savings

or standard, as observed in Houston, Texas.

1.8 "Commission" shall mean the Federal Energy Regulatory Commission

or any successor regulatory authority having jurisdiction.

1.9 "Compressor Fuel" shall mean Gas used in the operation of

Transporter's compressor station located in Oakfield, New York.

1.10 "Cubic Foot" shall mean the volume of natural gas which occupies

one cubic foot when such gas is at a temperature of 60 degrees

Fahrenheit and at an absolute pressure of 14.73 pounds per

square inch.