Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-011, Status: Effective

Substitute Original Sheet No. 130 Substitute Original Sheet No. 130

GENERAL TERMS AND CONDITIONS

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

(vi) Regardless of the acknowledgment by Transporter of any

TTT Nom related to a transportation nomination

confirmed by Transporter, the Shipper making such

transportation nomination shall remain responsible for

all its obligations under its service agreement(s) and

this tariff, including, without limitation:

(1) the resolution of all imbalances arising under

its service agreement(s), including, without

limitation, imbalances resulting from differences

between the scheduled and actual flows of gas at

the receipt point(s) for which related TTT Noms

were acknowledged;

(2) the payment of any imbalance penalties under

Section 4.7 or penalties under Section 10 of

these General Terms and Conditions or overrun

charges under the applicable rate schedule(s);

(3) warranty of title and indemnification obligations

set forth in Section 28 of these General Terms

and Conditions; and