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