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. 175 Original Sheet No. 175 : Effective

 

17. PENALTIES

 

17.1 (a) In addition to the penalties set forth below, a Customer

shall be liable for and shall be required to reimburse

Pipeline for all penalties, charges and fees which Pipeline

is required to pay to other pipelines as a consequence of

such Customer's actions. The charges under this Section

17.1(a) shall be flowed through to such Customers on an as-

billed basis.

 

(b) A Customer shall indemnify Pipeline from and against any and

all losses, damages, or expenses of every kind and character

which Pipeline or another 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 action, inaction, or omission by the indemnifying

Customer which results in the assessment of a penalty under

this Section 17.

 

(c) Pipeline shall have the option to waive or reduce, on a non-

discriminatory basis, the penalties set forth in this

Section 17. Pipeline shall waive any penalties attributable

to the actions, inactions, or omissions of Pipeline or third

parties under the control of Pipeline.

 

(d) Any penalty revenue collected pursuant to this Section 17 by

Pipeline from an affiliated entity shall be credited to

Pipeline's other Customers.

 

(e) In the event Customer's actions would subject Customer to

more than one (1) penalty provision under this