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. 139 Original Sheet No. 139

GENERAL TERMS AND CONDITIONS

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

4.11 Service Agreement Administration. In the event that Shipper

does not nominate or utilize its Service Agreement under Rate

Schedule IT for a period of six (6) Months, Transporter may

contact shipper for the purposes of determining Shipper's intent

to keep the agreement in place.

If after four (4) such six Month periods during which Shipper

has not nominated or utilized its Service Agreement, Transporter

may terminate such agreement effective on the first Day of the

second Month following the Month in which Transporter gives

Shipper notice of such termination.