Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

Second Revised Sheet No. 22 Second Revised Sheet No. 22

Superseding: First Revised Sheet No. 22

 

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). Customer's NNS MDQ shall be a

uniform quantity throughout the contract year, except that

Pipeline may, on a not unduly discriminatory basis, agree to

certain differing levels in Customer's NNS MDQ over

specified periods. Customer's NNS MDQ and any differing

levels in NNS MDQ, as well as the period of such differing

NNS MDQ levels, shall be specified in the executed Service

Agreement. The NNS MDQ shall be a uniform quantity

throughout the Month. 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 Receipt 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.