Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 04/01/2002, Docket: GT02- 10-000, Status: Effective

Original Sheet No. 25 Original Sheet No. 25 : Effective

 

 

 

RATE SCHEDULE FT

FIRM TRANSPORTATION SERVICE

(Continued)

 

 

4.7 Commission and Other Regulatory Fees. Shipper shall reimburse UTOS for

all filing, reporting and application fees required by the Commission or

any other regulatory body which are related to service provided under

this Rate Schedule.

 

4.8 Rate Changes. Subject to any rights or limitations imposed by additional

Transportation Agreement provisions agreed to by Shipper and UTOS, UTOS

may from time to time and at any time selectively adjust any or all of

the rates charged to any individual Shipper for which a Maximum Rate and

Minimum Rate are stated on Sheet No. 4 of this Tariff; provided, however,

that such adjusted rate(s) shall not exceed the applicable Maximum

Rate(s), nor shall they be less than the Minimum Rate(s) set forth on

such sheets. UTOS shall have the right to charge the Maximum Rate at any

time as a condition for new service or for continuation of service under

an existing Agreement. UTOS shall make all information filings required

by the Commission's regulations with respect to any charges at less than

the Maximum Rate. Whenever UTOS adjusts the rate to be charged to a

Shipper pursuant to this Section 4.8, notice thereof shall be given to

Shipper not less than seventy-two (72) hours prior to the effective date

of such adjustment.

 

5. WARRANTY

 

Shipper warrants for itself, its successors and assigns, that it will have at

the time of delivery of Gas and Associated Liquids for transportation hereunder

good title or the good right to deliver such Gas and Associated Liquids to UTOS

and accept redelivery at the Point of Delivery. UTOS warrants for itself, its

successors and assigns, that it will at the time of delivery to others of the

Gas and Associated Liquids transported hereunder have good right to deliver such

Gas and Associated Liquids to others. Shipper warrants for itself, its

successors and assigns, that the Gas it warrants hereunder shall be free and

clear of all liens, encumbrances, and claims whatsoever, that it will indemnify

UTOS and save UTOS harmless from and against all suits, actions, debts,

accounts, damages, costs, losses, and expenses including UTOS' actual attorney's

fees and cost of defense arising from or out of any adverse claims of any and

all persons to said Gas and/or to royalties, taxes, license fees, or charges

thereon which are applicable to such delivery of Gas and that it will indemnify

UTOS and save it harmless from all taxes or assessments which may be levied and

assessed upon such delivery and which are by law payable by, and the obligation

of, the Party making such delivery.