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. 322 First Revised Sheet No. 322

Superseding: Original Sheet No. 322

 

the applicable MDQ set forth on Exhibit B for each such Point of

Delivery or Customer's nomination, if less than the MDQ.

 

1.3 To the extent permitted by Pipeline's FERC Gas Tariff, Fifth Revised

Volume No. 1 (hereinafter the "Tariff"), and FERC orders and

regulations, Pipeline shall have the right to interrupt service under

this Agreement if at any time Customer fails to materially comply with

any provision of this Agreement.

 

ARTICLE II

TERM OF AGREEMENT

 

2.1 This Agreement shall become effective as of the date first set forth

hereinabove written and shall continue through ________________ (the

"Primary Term"). Thereafter, this Agreement shall continue for

successive terms of thirty (30) Days each (the "Renewal Term") unless

either party gives thirty (30) Days written notice to the other party

prior to the end of the Primary Term or any thirty (30) Day Renewal Term

thereafter.

 

2.2 Termination of this Agreement shall not affect or cancel the

obligations, claims, and liabilities then owing by either party to the

other.

 

2.3 Pipeline's or Customer's right to terminate this Agreement upon

expiration of the Primary Term hereof shall be subject to the pregranted

abandonment provision of Section 7 of the General Terms and Conditions

of the Tariff.

 

2.4 Notwithstanding the provisions set forth in this Article II, this

Agreement shall be subject to the termination provisions set forth in

Paragraphs 3.3 and 3.4 of Rate Schedule ITS of the Tariff.

 

ARTICLE III

RATE SCHEDULE

 

3.1 Customer shall pay Pipeline each Month for service provided under this

Agreement the maximum rates and such other charges as are specified in

the Tariff for Rate Schedule ITS, including but not limited to the

Annual Charge Adjustment (ACA), the Fuel