Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

Second Revised Sheet No. 117 Second Revised Sheet No. 117

Superseding: Substitute First Revised Sheet No. 117

GENERAL TERMS AND CONDITIONS

(Continued)

4.4 Failure to Meet Receipt Specifications. Should any Gas

tendered for delivery to UTOS hereunder fail at any time to

conform to any of the specifications of this Article, UTOS

shall notify Shipper of any such failure, and UTOS may at

its option suspend all or a portion of the receipt of any

such Gas, and UTOS shall be relieved of its obligations

hereunder for the duration of such time as the Gas does not

meet such specifications.

4.5 Failure to Meet Delivery Specifications. Should the Gas

tendered for delivery by UTOS hereunder fail at any time to

conform to any of the specifications of this Article, UTOS

shall make a diligent effort to correct such failure by

treatment not prohibited by these General Terms and

Conditions and consistent with prudent operations and by

means which are economically feasible in UTOS' opinion so as

to deliver Gas conforming to the above specifications.

4.6 Commingling. It is recognized that Gas delivered by Shipper

will be commingled with the Gas of others in the System.

Accordingly, the Gas of Shipper shall be subject to such

changes in Btu value as may result from such commingling.

Equivalent volumes, as referenced in the Transportation

Agreement will be redelivered for the account of Shipper.

5. CREDITWORTHINESS

UTOS shall not be required to perform or to continue to perform

service under Rate Schedules FT and IT on behalf of any Shipper

who is or has become insolvent, or who, at UTOS' request, fails

within a reasonable period to demonstrate in UTOS' reasonable

determination, the ability to pay all anticipated transportation

charges when due for at least three (3) Months from the time of

demonstration; provided, however, such Shipper may receive service

under Rate Schedules FT and IT if Shipper prepays for such service

or furnishes good and sufficient security as determined by UTOS in

its reasonable discretion, in an amount equal to the cost of

performing the service requested by Shipper for a three Month

period, such cost to be determined by multiplying the Shipper's

MDQ by the number of Days in such three Month period multiplied by

the applicable rate per Dth, as set forth on Sheet No. 4 to UTOS'

F.E.R.C Gas Tariff, Fifth Revised Volume No. 1. Also refer to

Section 2.2(k) and 10.2 of these General Terms and Conditions.