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

Original Sheet No. 368 Original Sheet No. 368

 

Contract No. _____

 

 

FORM OF RELEASED TRANSPORTATION SERVICE CONTRACT

 

 

(Applicable to firm transportation rights released pursuant to Section 4 of

the General Terms and Conditions of this Tariff)

 

 

THIS CONTRACT is made and entered into this _____ Day of _______________,

_____ by and between Enbridge Pipelines (Midla) L.L.C., a __ Limited Liability

Company, hereinafter called "Pipeline" or "Midla" and

____________________________, hereinafter variously called "Bidder" or

"Replacement Shipper." Pipeline and Bidder/Replacement Shipper are sometimes

referred to herein individually as a "Party" or collectively as the "Parties".

 

WHEREAS, Pipeline owns and operates an interstate Gas transmission system and

provides transportation service on such system;

 

WHEREAS, Pipeline's Tariff on file with the Federal Energy Regulatory

Commission permits shippers holding capacity rights under an Eligible Firm

Transportation Agreement, as defined in Section 4.1 of Midla's FERC Gas

Tariff, to release some or all of their transportation rights under the terms

and conditions prescribed in the Tariff;

 

WHEREAS, Bidder desires to submit bids for transportation rights released by

one or more firm shippers and Pipeline's Tariff requires Bidder to enter into

this Released Transportation Service Contract as a pre-condition to the

submission of any such Bids; and

 

WHEREAS, Pipeline is willing to enter into this Contract with Bidder and

provide transportation service to Bidder as a Replacement Shipper to the

extent it obtains released transportation rights;

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements as

herein set forth, the parties hereto agree as follows:

 

ARTICLE I

RELEASED TRANSPORTATION RIGHTS

 

In the event transportation rights are released to Bidder, Pipeline shall

prepare and submit to Bidder an Exhibit "R-1" setting forth the maximum daily

quantity of the released transportation service, applicable Receipt and

Delivery Points, the rates to be paid for service using released rights, and

any special terms and conditions applicable to such released transportation

rights, including conditions of curtailment or recall. In the event Pipeline

agrees from time to time to collect a rate lower than the maximum rate set

forth in the Tariff for the released transportation rights, such a