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. 49 Original Sheet No. 49 : Effective

 

(c) The date on which Customer is notified that any facilities

necessary to provide the requested service are ready for

service; or

 

(d) The date on which any necessary governmental approvals or

authorizations are received and accepted by the appropriate

party.

 

3.4 Customer's Service Agreement shall be terminated if, after

commencement of initial service, Customer fails to nominate or

tender gas within thirty (30) days after notice by Pipeline of its

intent to terminate Customer's Service Agreement by reason of

failure of Customer to transport gas for a six (6) month

consecutive period.

 

3.5 Customer's failure to schedule transportation shall be excused by

an event of force majeure, as defined in Section 13 of the General

Terms and Conditions; provided, however, such failure to schedule

transportation shall be excused only for the duration of the force

majeure event.

 

4. RATE

 

4.1 The rate for interruptible transportation service provided under

this Rate Schedule shall be the amount negotiated by Pipeline and

Customer, which shall not be more than the maximum, nor less than

the minimum for this Rate Schedule as set forth on currently

effective Tariff Sheet No. 4A.

 

4.2 Pipeline shall have the right to retain one and one-half percent

(1.5%) of the quantities of gas delivered to Pipeline for Fuel

Reimbursement. Any change in such fuel rate shall be made

effective only at the beginning of a month.

 

4.3 Customer shall pay Pipeline the Annual Charge Adjustment ("ACA"),

as set forth on currently effective Tariff Sheet No. 4A.

 

4.4 Customer shall also pay Pipeline the applicable rates, charges,

and fees as set forth on currently effective Tariff Sheet No. 4A

or as may be assessed, required or permitted to