Contract ID: FT19215 10. POINTS OF RECEIPT AND DELIVERY! The primary receipt and delivery points are set forth on Appendix A. 11. RELEASED CAPACITY; N/A 12. INCORPORATION OF TARIFF INTO AGREEMENT! This Agreement shall incorporate and in all respects be subject to the “General Terms and Conditions” and the applicable Rate Schedule (as stated above) set forth in Transporter’s FERC Gas Tariff, Third Revised Volume No. 1, as may be revised front time to time, Transporter may file and seek Commission approval under Section 4 of the Natural Gas Act (NGA) at any time and from time to time to change any rates, charges or provisions set forth in the applicable Rate Schedule (as stated above) and the “General Terms and Conditions” in Transporter’s FERC Gas Tariff, Third Revised Volume No. 1, and Transporter shall have the right to place such changes in effect in accordance with the NGA, and this Agreemont shall be deemed to include such changes and any such changes which become effective by operation of law and Commission Order, without prejudice to Shipper’s right to protest the same, 13. MISCELLANEOUS! No waiver by either party to this Agreement of any one or more defaults by (lie otlier in the pcrfonnance of this Agreement shall operate or be conslnied as a waiver of any continuing or future default(s), whether of a like or a different character. Any controversy between the parties arising under this Agreement and hot resolved by the parties shall be determined in accordance with the laws of the State of Michigan, 14. OTHER PROVISIONS; It Is agreed that no personal liability whatsoever shall attach to, be imposed on or otherwise bo Incurred by any Partner, agent, management official or employee of the Transporter or any director, officer or employee of any of the foregoing, for any obligation of the Transporter arising under this Agreement or for any claim based on such obligation and that the sole recourse of Shipper under this Agreement is limited to assets of the Transporter, Upon termination of tills Agreement, Shipper’s and Transporter’s obligations to each other arising under this Agreement, prior to the date of terminntion, remain in effect and are not being tenninated by any provision of this Agreement. Transporter and Shipper agree that, pursuant to Section 6.2.1(h) of the General Terms and Conditions, this Agreement is subject to a Reduction Option as herein described: Upon written notice to Transporter, Shipper shall have n Reduction Option; 1) At any time on or before April 1,2019 for any reason, and 2) Any time before April 1,2021j to the extent necessary due to the failure or inability to secure all applicable federal, state, and local governmental and regulatory approyal(s) related to an anticipated expansion project, If Shipper invokes this Reduction Option, it may reduce all or a portion of the contractual MDQ associated witli this Agreement, and/or terminate this Agreement earlier than 10/31/2036, 2
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