Common use of Decision to Proceed Clause in Contracts

Decision to Proceed. Notwithstanding any other term herein, the decision to proceed with any expansion to Alliance Canada’s pipeline system pursuant to this open season, the volume of any expansion service capacity, the nature, size, configuration and timing of any required expansion facilities, the decision to accept any amount of Turn Back capacity, and the decision to accept any amount of existing firm service for term extension, will be determined by Alliance in its sole discretion based in part on the requests for service, requests to Turn Back service, if any, and requests for term extensions of existing firm service agreements, in response to this open season. Further, any expansion service and facilities shall be subject to the receipt of all required approvals from the National Energy Board (“NEB”), and from the Federal Energy Regulatory Commission (“FERC”) for the matching expansion capacity in the USA, and to the other conditions set out in the attached form of Precedent Agreement for Firm Transportation Service (Expansion Capacity) (Attachment 2). BINDING OPEN SEASON - DETAILS Capacity Expansion

Decision to Proceed. Notwithstanding any other term herein, the decision to proceed with any expansion to Alliance Canada’s pipeline system pursuant to this open season, the volume of any expansion service capacity, the nature, size, configuration and timing of any required expansion facilities, the decision to accept any amount of Turn Back capacity, and the decision to accept any amount of existing firm service for term extension, will be determined by Alliance in its sole discretion based in part on the requests for service, requests to Turn Back service, if any, and requests for term extensions of existing firm service agreements, in response to this open season. Further, any expansion service and facilities shall be subject to the receipt of all required approvals from the National Energy Board (“NEB”), and from the Federal Energy Regulatory Commission (“FERC”) for the matching expansion capacity in the USA, and to the other conditions set out in the attached form of Precedent Agreement for Firm Transportation Service (Expansion Capacity) (Attachment 2). BINDING OPEN SEASON - DETAILS Capacity Expansion.