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. 136 Original Sheet No. 136 : Effective

 

 

gas diverted or through a cash payment in an amount equal to

the transportation rate which would have been applicable to

the Customer whose gas was diverted; provided, however, such

compensation for gas diversions under this Paragraph 6.4(c)

shall not prohibit such Customer whose gas was diverted from

seeking to recover damages, losses, or expenses from the

Customer requesting emergency relief in a claim, suit,

action or proceeding initiated as a result of any gas

diversion. To the extent a Customer whose gas was diverted

desires to be compensated by a cash payment for diversions,

such Customer must enter into agreements with other

Customers for such cash payment compensation. Pipeline

shall not be responsible for compensating Customer for gas

diversions which occur pursuant to Paragraph 6.4, except in

situations where Pipeline was grossly negligent or acted in

an unduly discriminatory manner.

 

(d) Customers whose requests for emergency relief resulted in a

diversion shall indemnify and hold Pipeline harmless from

and against any and all losses, damages, expenses of every

kind and character which Pipeline or Customers may suffer,

sustain, or be liable for and shall hold Pipeline harmless

from and against any and all damages, claims, suits,

actions, or proceedings whatsoever threatened or initiated

as a result of any gas diversion.

 

6.5 The Customer seeking waiver shall indemnify and hold Pipeline

harmless from and against any and all losses, damages, or

expenses of every kind and character which Pipeline or Customer

may suffer, sustain, or be liable for and shall hold Pipeline

harmless from and against any and all damages, claims, suits,

actions, or proceedings whatsoever threatened or initiated as a

result of any supply or capacity curtailment invoked by Pipeline,

and shall be responsible for replacing another Customer's gas or

compensating such Customer pursuant to Paragraph 6.4(c) of

Pipeline's General Terms and Conditions.