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
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.
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.