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

First Revised Sheet No. 122 First Revised Sheet No. 122

Superseding: Original Sheet No. 122

 

that would be applicable for the period of the release. If such

Potential or Prearranged Customer shall be determined to have

submitted the "best bid," the payment shall be credited to the

Potential or Prearranged Customer's account. If the Potential or

Prearranged Customer does not submit the "best offer," the

reservation charge payment shall be returned to the Potential or

Prearranged Customer.

 

4.13 Capacity that is temporarily released by the original Releasing

Customer pursuant to this Section 4 may be re-released by

subsequent Releasing Customers on the same terms and basis as the

primary release (except as prohibited by regulations).

 

4.14 The Service Agreement of the Releasing Customer shall remain in

full force and effect, with a portion of the proceeds attributable

to any release and assignment credited to the Releasing Customer's

invoice as provided in Paragraph 4.13. The Releasing Customer

shall remain liable to Pipeline under the terms of its Service

Agreement with Pipeline as a result of such release and assignment

of the rights and obligations under the Service Agreement for all

reservation charges, surcharges, and any other charges which

recover fixed costs to the extent that a Potential or Prearranged

Customer does not pay Pipeline for the full amount of such charges

or for non-payment of such charges by a Potential or Prearranged

Customer.

 

4.15 Pipeline shall credit to the invoice of the Releasing Customer

reservation charge revenues, surcharges, and any other charges

which recover fixed costs, if any, actually received by Pipeline

that are attributable to capacity rights released by the Releasing

Customer.

 

4.16 Pipeline shall post on the Interactive Internet Website

Pipeline's available uncommitted firm and/or interruptible

capacity, and the terms and conditions applicable to contracting

for such capacity. Potential Customers may then elect to contract

for Pipeline's uncommitted firm or interruptible capacity, or

capacity released by Releasing Customers.