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. 315 Second Revised Sheet No. 315

Superseding: First Revised Sheet No. 315

 

Telephone No. (713) 821-2000

Facsimile No. (713) 821-3313

 

(b) Customer: ________________________________

________________________________

________________________________

________________________________

 

or such other address as either party shall subsequently designate

by formal written notice.

 

ARTICLE VII

MISCELLANEOUS

 

7.1 This Agreement constitutes the entire agreement between the parties and

no modification, waiver, representation or agreement, oral or otherwise,

shall affect the subject matter hereof unless and until such

modification, waiver, representation or agreement is reduced to writing

and executed by authorized representatives of the parties. No waiver by

either Customer or Pipeline of the performance of any of the provisions

of this Agreement by the other or the failure to exercise the rights

granted to either Customer or Pipeline herein s shall operate or be

construed as an implied or express waiver of any future performance by

the other party, or right of Customer or Pipeline herein, whether of a

like or of a different character.

 

7.2 This Agreement shall be binding upon and inure to the benefit of the

successors and assigns of each of the parties hereto.

 

7.3 The interpretation and performance of this Agreement shall be in

accordance with the laws of the State of Texas, excluding conflicts of

law principles that would require the application of the laws of a

different jurisdiction.

 

7.4 As this Firm Transportation Agreement relates to Capacity Release, the

Replacement Customer grants to Midla its permission and approval to

notify the Releasing Customer (even when such Releasing Customer is an

Energy Affiliate of Midla) of certain credit-related information

specified under Section 4.12(c) of the General Terms and Conditions of

Midla's FERC Gas Tariff.