Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 129 Original Sheet No. 129

GENERAL TERMS AND CONDITIONS

4. NOMINATIONS, SCHEDULING AND ALLOCATION (Cont'd.)

(iii) By submitting a TTT Nom to Transporter, Title

Transfer Party represents that Transporter may

assume, for purposes of processing the nomination(s)

for the transportation of the quantity of gas

covered by the TTT Nom, that title to such quantity

of gas, or such lesser quantity as is consistent

with the related nominations and the confirmations

received by Transporter, will be transferred from

the Title Transferor to the Title Transferee at the

time of the flow of the related transportation

nomination(s).

(iv) A TTT Nom will be acknowledged by Transporter only

if each related transportation nomination is

confirmed by all Confirming Parties and scheduled by

Transporter for the quantity of gas so nominated or

such lesser quantity as is confirmed by all

Confirming Parties and by all corresponding TTT

Noms.

(v) By communicating its acknowledgment of a TTT Nom,

Transporter represents only that it has processed

the related transportation nomination(s) upon the

assumption that title to the quantity of gas

specified in the TTT Nom, or such lesser quantity as

is confirmed by all parties identified in Subsection

4.1(e)(iv) and indicated to Title Transferor in such

acknowledgment, will be transferred by the Title

Transferor to the Title Transferee set forth in the

TTT Nom at the time of the flow of such related

transportation nomination(s). Transporter shall

have no duty of inquiry, and makes no warranties or

representations and assumes no obligations,

regarding the ownership of the gas covered by a TTT

Nom, the creditworthiness of any Title Transferor or

Title Transferee, the existence or terms of any

agreement between any Title Transferor or Title

Transferee, compliance by any Title Transferor or

Title Transferee with applicable laws and

regulations, or otherwise.