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. 333 First Revised Sheet No. 333

Superseding: Original Sheet No. 333

 

3.2 Pursuant to Rate Schedule FTS-OSF of the Tariff, Pipeline may agree from

time to time to collect a rate lower than the maximum rate set forth in

the Tariff. Such a discounted rate shall be set forth in Exhibit D or

in a separate written agreement.

 

3.3 The rates and charges provided for under Rate Schedule FTS-OSF shall be

subject to increase or decrease pursuant to any order issued by the

Federal Energy Regulatory Commission in any proceeding initiated by

Pipeline or applicable to the services performed hereunder. Customer

agrees that Pipeline shall, without any further agreement by Customer,

have the right to change from time to time, all or any part of this

Agreement, as well as all or any part of Rate Schedule FTS-OSF, or the

General Terms and Conditions thereof, including without limitation the

right to change the rates and charges in effect hereunder, pursuant to

Section 4(d) of the Natural Gas Act as may be deemed necessary by

Pipeline, in its reasonable judgment, to assure just and reasonable

service and rates under the Natural Gas Act. Nothing contained herein

shall prejudice the rights of Customer to contest at any time the

changes made pursuant to this Paragraph 3.3, including the right to

contest the transportation rates or charges for the services provided

under this Agreement, from time to time, in any subsequent proceeding.

 

ARTICLE IV

POINT(S) OF RECEIPT AND DELIVERY

 

4.1 Natural Gas to be received by Pipeline from or for Customer hereunder

shall be delivered at the outlet side of the measuring station(s) at the

Point(s) of Receipt set forth in Exhibit A of this Agreement, with the

Maximum Daily Quantity and the pressure obligation indicated for each

such Point of Receipt.

 

4.2 Natural Gas to be delivered by Pipeline to or for Customer hereunder

shall be delivered at the outlet side of the measuring station(s) at the

Point(s) of Delivery set forth in Exhibit B of this Agreement, with the

Maximum Daily Quantity and the pressure obligation indicated for each

such Point of Delivery.