Terms & Conditions of Service

related to the Customer’s property on or near where SaskEnergy Facilities or equipment are located.

15.

USE OF SERVICES

15.1 Customers shall ensure that Services are not used for an illegal purpose, in an illegal manner, or in any way that prevents other Customers from fairly or proportionately using or accessing SaskEnergy Services.

16.

GAS SUPPLY

16.1 Title to Gas purchased from SaskEnergy, and all risk in respect thereto, shall remain with SaskEnergy until the Gas is delivered to the Customer at the Metering Point. At that point, title and risk shall pass to the Customer. SaskEnergy or its Subsidiaries shall at no time obtain ownership of Gas purchased by a Customer from a seller of Gas other than SaskEnergy and SaskEnergy and its Subsidiaries assume no risk in respect thereto. SaskEnergy shall have the right to co-mingle Gas delivered to it by or for a Customer with Gas owned by SaskEnergy or others. Amended – November 1, 2009 16.2 Purchase of Gas Supply from a party other than SaskEnergy shall be in accordance with Appendix E, as amended or replaced from time to time.

17.

JOINT AND SEVERAL LIABILITY

17.1 All liability pursuant to this Schedule shall be joint and several, and a Customer is not released or discharged from liability if one or more other Customers are released or discharged.

18.

ADDITIONAL IMPORTANT TERMS

18.1 The division of this Schedule into paragraphs, subsections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Schedule 18.2 No Contracts shall be assigned or be assignable by the Customer without the consent in writing of SaskEnergy first being obtained, which consent will not be unreasonably withheld by SaskEnergy. 18.3 The provisions of this Schedule are subject at all times to all applicable legislation including The SaskEnergy Act and The SaskEnergy Regulations as amended from time to time, or such other legislation as may be enacted in replacement thereof. Notwithstanding any provisions in this Schedule to the contrary, if any provision of this Schedule is contrary to any present or future law, rule, regulation or order of any governmental authority having jurisdiction therein, now or hereafter in effect, the contravening provision of this Schedule shall be amended and read to be in compliance with the said law, rule, regulation or order. 18.4 SaskEnergy shall not be deemed to have waived the exercise of any right that it holds under this Schedule unless such waiver is made in writing. Forbearance or indulgence by SaskEnergy in any regard whatsoever shall not constitute a waiver and SaskEnergy shall be entitled to invoke any remedy available under this Schedule or by law despite the forbearance or indulgence. No waiver made with respect to any instance involving the exercise of any such right will be

SaskEnergy Terms and Conditions of Service Schedule

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