Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

Original Sheet No. 34 Original Sheet No. 34 : Effective

RATE SCHEDULE IT

INTERRUPTIBLE TRANSPORTATION SERVICE

(Continued)

4.6 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.

4.7 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

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 Commissions'

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 4.7, 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 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.