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. 124 First Revised Sheet No. 124

Superseding: Original Sheet No. 124

 

unless all facilities necessary to provide the requested service

exist and are in good operating condition.

 

5.5 Pipeline shall be authorized to use all system resources, to

maintain operational control of its system in the event Pipeline

in its reasonable discretion determines that system integrity is

imminently threatened, even if the utilization of such resources

results in the diversion of Gas. The Customer whose actions

resulted in the need to divert Gas shall indemnify and hold

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

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 the Gas diversion. Pipeline shall have no responsibility

to purchase Gas in situations resulting in the diversion of Gas

for operational needs; provided, however, a Customer whose Gas was

diverted pursuant to this Paragraph 5.5 shall be compensated by

Pipeline at the lesser of the index price as set forth in

Paragraph 14.8(b) of the General Terms and Conditions utilized for

cash-out of imbalances during the Month Pipeline diverted Gas or

the market price for the week Pipeline diverted Gas as such

market price is published each week by the Oil Daily Company in

the publication Natural Gas Week. In the event a Gas diversion

results from the actions of a Customer, such Customer shall be

responsible for compensating Pipeline to the extent Pipeline has

compensated the Customer whose Gas was diverted. Such Customer

whose actions resulted in the need to divert Gas shall also be

subject to a penalty as set forth in Paragraph 17.6 of Pipeline's

General Terms and Conditions.

 

5.6 Responsibilities of Customer

 

(a) Except as otherwise provided herein, Customer shall be

responsible for ensuring that Customer's deliveries to

Point(s) of Receipt on Pipeline's system match Customer's

receipts from Point(s) of Delivery on Pipeline's system

throughout each Day. In the event,