Enbridge Pipelines (Midla) Inc.

Fourth Revised Volume No. 1

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Effective Date: 10/01/2001, Docket: GT01- 30-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22 : Effective

 

firm transportation of gas volumes from Customer's Point(s)

of Receipt to Customer's Points of Delivery. Customer will

be permitted, without prior notice to Pipeline, to receive

quantities in excess of its nomination(s) up to the

quantities Customer and Pipeline agree in an NNS Service

Agreement may be required on any given day to cover such

excess deliveries (NNS MDQ). If no-notice deliveries are

taken in excess of Customer's NNS MDQ, Customer shall be

subject to the penalties provided in Paragraph 17.5 of the

General Terms and Conditions and shall indemnify Pipeline

pursuant to Paragraph 17.1 of Pipeline's General Terms and

Conditions.

 

(b) The availability of gas volumes to be received by pipeline

at Customer's Point(s) of Reciept is contingent upon

pipeline facilities and delivery obligations controlled by

various third parties. In the event such third parties have

FERC Gas Tariff(s) on file with the FERC, service hereunder

shall be subject to all applicable terms, conditions and

other provisions of such tariffs and capacity must be

available through facilities of third parties for the

transportation of gas volumes to the Customers' Point(s) of

Receipt. To the extent that such capacity is not available,

service under this Rate Schedule may be impaired, curtailed

or no longer available. In the event that capacity through

the facilities of such third parties to transport gas

volumes to the Customer's Point(s) of Receipt is reduced,

curtailed or otherwise not available to deliver gas to

Pipeline at the Receipt Point, Customer's service pursuant

to this Rate Schedule shall be reduced pro rata except as

provided in Section 6 of Pipeline's General Terms and

Conditions. Customer shall indemnify and hold Pipeline

harmless for any injuries, claims or damages incurred by

Customer as a result of a reduction, curtailment or other

unavailability of service by any third parties.