Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

Effective Date: 10/20/2002, Docket: RP03- 39-000, Status: Effective

Original Sheet No. 324 Original Sheet No. 324 : Effective

ARTICLE V

CONDITIONS OF SERVICE

5.1 This Agreement and all terms and provisions contained or incorporated

herein are subject to Rate Schedule ITS and the General Terms and

Conditions of the Tariff on file with the Federal Energy Regulatory

Commission, or other duly constituted authorities having jurisdiction,

and as the same may be legally amended or superseded, which rate

schedule and General Terms and Conditions are incorporated by reference

and made a part of this Agreement. Capitalized terms herein shall have

the meaning assigned to such terms in the Tariff. In the event of

conflict between this Agreement and Pipeline's Tariff, the Tariff shall

control.

5.2 For service hereunder which is subject to 18 C.F.R Section 284.101

(Section 311 transportation), Customer must execute Exhibit C and the

affidavits attached thereto, all of which are hereby incorporated by

reference and made a part of this Agreement.

5.3 The parties hereto agree that neither party shall be liable to the other

for any special, indirect, or consequential damages (including business

interruptions) arising out of or in any manner related to this

Agreement.

ARTICLE VI

NOTICES

Except as herein otherwise provided or as provided in the General Terms

and Conditions of the Tariff, any notice, request, demand, statement,

bill or payment provided for in this Agreement, or any notice which any

party may desire to give to the other, shall be in writing and shall be

considered as duly delivered when received by registered, certified, or

first class mail, or overnight delivery service (Federal Express, UPS,

or U.S. Postal Service) at the address of the parties as follows:

(a) Pipeline: ENBRIDGE PIPELINES (MIDLA) L.L.C.

Attn: Contract Administration

1100 Louisiana, Suite 3300

Houston, Texas 77002