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