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. 115 Second Revised Sheet No. 115

Superseding: First Revised Sheet No. 115

 

(h) Releasing Customers, Potential Customers, or Prearranged

Customers shall indemnify Pipeline from and against any and

all losses, damages, expenses, or penalties of any and/or

every kind and character which Pipeline or such Releasing,

Potential, or Prearranged Customer may suffer, sustain, or

be liable, and Pipeline shall be held harmless by Releasing

Customers, Potential Customers, or Prearranged Customers

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

actions, or proceedings whatsoever threatened or initiated

as a result of Pipeline's selection of the "best bid."

 

(i) Upon receipt by pipeline of multiple bids meeting minimum

conditions, Pipeline shall award bids, best bid first, until

all offered capacity is awarded.

 

(j) For all released capacity subject to recall rights, the

following recall notification periods shall apply:

 

(i) Timely Recall Notification

 

(1) Releasing Customer recalling capacity shall

provide notice of such recall to Pipeline and

the first Replacement Customer no later than

8:00 a.m. on the Day that Timely nominations are

due;

 

(2) Pipeline shall provide notification of such

recall to all affected Replacement Customers no

later than 9:00 a.m. on the Day that Timely

nominations are due (Central Clock Time);

 

(ii) Early Evening Recall Notification:

 

(1) Releasing Customer recalling capacity shall

provide notice of such recall to Pipeline and

the first Replacement Customer no later than

3:00 p.m. on the Day that Evening nominations

are due;

 

(2) Pipeline shall provide notification of such

recall to all affected Replacement Customers no

later than 4:00 p.m. on the Day that Evening

nominations are due (Central Clock Time);

 

(iii) Evening Recall Notification:

 

(1) Releasing Customer recalling capacity shall

provide notice of such recall to Pipeline and

the first Replacement Customer no later than

5:00 p.m. on the Day that Evening nominations

are due;