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

Second Revised Sheet No. 108 Second Revised Sheet No. 108

Superseding: Substitute First Revised Sheet No. 108

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Shipper shall make a general assignment for the

benefit of creditors or shall admit in writing its

inability to pay its debts generally as they become

due, Shipper shall be required to fully disclose any

and all actions regarding the above described

proceedings against Shipper or related parties as

defined in (k)(i)(3) above, in its request for

service.

 

(l) Sale by Affiliated Marketer

---------------------------

 

If the Shipper(s) is affiliated with UTOS or any of

the members in UTOS, and will be marketing the Gas to

be transported, a statement whether and by how much

the cost of the Gas to the Shipper(s) exceeds the

price to be received for the sale of the Gas by the

Shipper(s), after deducting associated costs,

including those incurred for transportation (i.e.,

whether and by how much the Gas will be sold at a

loss).

 

2.3 Subsequent Information

 

If any of the events or actions described in 2.2(k)(ii)

above, shall be initiated or imposed during the term of

service hereunder, Shipper shall provide notification

thereof to UTOS within two (2) Business Days of any such

initiated or imposed event or action. Shipper shall also

provide, forthwith, such additional Shipper credit

information as may be reasonably required by UTOS, at any

time during the term of service hereunder, to determine

Shipper's creditworthiness. Also refer to Section 5 of

these General Terms and Conditions.

 

2.4 Request Validity

 

Shipper's Request for Transportation Service shall be

considered null and void if UTOS has tendered an Agreement

for execution to Shipper and Shipper fails to execute the

Agreement within thirty (30) Days thereafter. In

determining whether it is feasible to execute an Agreement,

in light of available capacity, relative to service under

Rate Schedule FT, after provision for existing requirements

on its System, operating constraints and pending requests

for service, UTOS will not tender an agreement which relates

to requests for firm service for which it does not have

sufficient available capacity, relative to service under

Rate Schedule FT, or service which Shipper does not desire

to or cannot begin within fifteen (15) Days after the

execution of the Agreement, or such other period as the

parties may agree to in writing.