Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 08/01/2009, Docket: RP09-815-000, Status: Effective

Third Revised Sheet No. 104 Third Revised Sheet No. 104

Superseding: Second Revised Sheet No. 104

GENERAL TERMS AND CONDITIONS

(Continued)

1.24 The term "Operator" shall mean the entity selected by

UTOS and which has entered into a service agreement with

UTOS to operate the UTOS System.

1.25 The term "Predetermined Allocation (PDA)" shall mean the

method determined by the Designated Allocator and

provided to UTOS in accordance with Sections 7.6 and 7.7

of the General Terms and Conditions to be used by UTOS in

allocating the actual Gas volumes delivered for the

Shippers' accounts from the individual UTOS measurement

points to the respective UTOS Receipt Points.

1.26 The term "Pro Rata Share" shall mean the ratio that the

volume of Gas delivered to UTOS by or for the account of

Shipper bears to the total volume of Gas delivered to

UTOS by all Shippers for transportation in the System

during any given period of time.

1.27 The term "Scheduled Volume" or "Scheduled Nomination"

shall mean a volume that has been nominated by Shipper

and confirmed by UTOS in accordance with Sections 7.2,

7.3 and 7.4 of the General Terms and Conditions hereof.

1.28 The term "Spot Market Price" shall mean the cost of Gas

as reported in the Natural Gas Week, Gas Price Report,

Texas Gulf Coast, Offshore.

1.29 The term "System" shall mean the pipeline and related

facilities at the time owned by UTOS.

1.30 The term "Unaccounted For Gas" shall mean the difference

between the sum of all input volumes of Gas to the System

and the sum of all output volumes of Gas from the System,

which difference shall include but shall not be limited

to compressor fuel, Gas vented (other than Gas vented

pursuant to Section 7.13) and Gas used and accounted for

in pipeline operations, and Gas lost as a result of an

event of force majeure, the ownership of which cannot be

reasonably identified, adjusted to such degree as is

practicable for variations in Gas volumes due to the

transportation of Associated Liquids during any given

period of time.

1.31 The term "Unauthorized Overrun" shall mean a delivery of

Gas to any UTOS receipt point, by a UTOS Shipper,

without a nomination for service at that receipt point,

as authorized by UTOS in whole or in part under the

scheduling provisions of Section 7 of the General Terms

and Conditions.