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.