Empire Pipeline, Inc.

Original Volume No. 1

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

Original Sheet No. 148 Original Sheet No. 148

GENERAL TERMS AND CONDITIONS

6. QUALITY (Cont'd.)

6.3 Failure to Meet Specifications. Should any Gas tendered for

delivery hereunder fail at any time to conform to any of the

specifications of this Article, the affected Party shall notify

the other party of any such failure and the affected party may

at its option suspend all or a portion of the receipt of any

such Gas, and shall be relieved of obligations hereunder for the

duration of such time as the Gas does not meet such

specifications.

6.4 Commingling. It is recognized that Gas delivered by Shipper

will be commingled with other Gas transported hereunder by

Transporter. Accordingly, the Gas of Shipper shall be subject to

such changes in heat content as may result from such commingling

and Transporter shall, notwithstanding any other provision

herein, be under no obligation to redeliver for Shipper's

account, Gas of a heat content identical to that caused to be

delivered by Shipper to Transporter.