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. 175 First Revised Sheet No. 175

Superseding: Original Sheet No. 175

 

18. SERVICE AGREEMENT

 

18.1 Customer shall enter into a contract which is substantially in the

form of Pipeline's Service Agreement applicable to the requested

service and contained in this FERC Gas Tariff.

 

18.2 The period of time to be covered by the executed Service Agreement

shall be determined by agreement between Pipeline and Customer;

provided, however, unless otherwise agreed to by Pipeline, which

agreement shall be given on a non-discriminatory basis, any fixed

period so agreed upon shall not exceed five (5) years.

 

18.3 Prior to the execution of a Service Agreement, Pipeline and

Customer shall agree upon the quantities of Gas to be transported

or sold by Pipeline to Customer.

 

18.4 No modification of the terms and provisions of an executed Service

Agreement shall be made except upon the mutual written agreement

of Pipeline and Customer.

 

18.5 The transportation Agreement creates no rights in third parties.

 

18.6 Pipeline may waive any rights hereunder or any obligations of

Customer as to any specific default that has already occurred, or

case-by-case in advance as to any specific, temporary operation

problem, on a basis which is not unduly discriminatory; provided

that no waiver shall operate or be construed as a waiver of other

or future rights or obligations, whether of a like or different

character.

 

18.7 No waiver by either Pipeline or Customer of any one or more

defaults by the other in the performance of any provisions of the

Service Agreement between Pipeline and Customer shall operate or

be construed as a waiver of any other default or defaults, whether

of a like or of a different character.

 

19. NOTICES

 

All notices required to be provided hereunder shall be given in writing

at the addresses specified from time to time or, when applicable,

through Pipeline's Interactive Internet Website, except that notices

with respect to curtailment, limitations, restoration of deliveries of

Gas, or force majeure situations shall be sufficient if given in writing

or by telegram, or orally in person or by telephone or radio to the

person designated from time to time as authorized to receive such notice

or, if transmitted electronically, shall be posted separately from those

routine notices deemed as non critical.