Enbridge Pipelines (AlaTenn) L. L. C.

FOURTH REVISED VOLUME NO. 1

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Effective Date: 03/01/2009, Docket: RP09-336-000, Status: Effective

Second Revised Sheet No. 136 Second Revised Sheet No. 136

Superseding: First Revised Sheet No. 136

 

GENERAL TERMS AND CONDITIONS (continued)

 

as a tie-breaker in the case where more than one Replacement

Shipper desires to release capacity for which Replacement

Shipper(s) have submitted non-specific bids. The period of

time for the posting of the information ("Posting Period")

and the period of time during which bids will be received on

such Release Request ("Bidding Period") shall be as set

forth in Section 3.14.

 

(b) Releasing Shipper may withdraw its Release Request, by

written or electronic notice of withdrawal to Transporter,

up to the close of the applicable Bidding Period, where

unanticipated circumstances justify and no bid meeting the

Releasing Shipper's minimum requirements has been submitted.

 

(c) Any person seeking to acquire capacity shall post all

applicable information required by Section 3.9 on

Transporter's Internet website. Such request shall remain

posted for a period of one month or until a transaction is

consummated, whichever is shorter.

 

(d) Transporter makes no representation or warranty to any party

concerning the accuracy or completeness of any posted

information or concerning the willingness or ability of any

Releasing Shipper to release transportation rights hereunder

or of any Replacement Shipper or person seeking capacity to

accept transportation rights hereunder. Transporter shall

not be liable to any party for any damages, of any nature

whatsoever, including without limitation, any special,

incidental or consequential damages, or any other kind that

may arise in connection with the posting of information

hereunder.

 

3.12 Bidding for Transportation Rights

 

(a) Persons that desire to bid on released transportation rights

are required to execute a Released Transportation Contract

and, in addition, may pre-qualify with Transporter

demonstrating their creditworthiness in the same manner and

subject to the same standards and procedures as required for

Firm Shippers as contained in the applicable Rate Schedule

and Sections 16 and 36.1 of the General Terms and Conditions

of this tariff. The creditworthiness requirement shall be

continuing in nature in the same manner and to the same

extent as prescribed for Firm Shippers as contained in the

applicable Rate Schedule and Sections 16 and 36.1 of the

General Terms and Conditions of this tariff. Transporter

will waive the creditworthiness requirement on a non-

discriminatory