Enbridge Offshore Pipelines (Utos) LLC
FIFTH REVISED VOLUME NO. 1
Contents / Previous / Next / Main Tariff Index
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.