Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

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

Third Revised Sheet No. 127 Third Revised Sheet No. 127

Superseding: Second Revised Sheet No. 127

GENERAL TERMS AND CONDITIONS

(Continued)

7.14 Adjustments to Equivalent Volumes. Following receipt of

monthly statements, the parties shall adjust the receipts

and deliveries of Gas, within 60 Days, if practicable, in

order to balance any excess or deficiency variations in

order for Shipper to receive Equivalent Volumes. In the

event the quantities of Gas received and to be delivered are

not in balance at the end of the term of the Transportation

Agreement, then such balance shall be achieved within 60

Days by extending receipts or deliveries as applicable at

the appropriate points of receipt or points of delivery

until such balance is achieved or by such other method as is

then mutually agreed upon by the parties, provided that any

such terms are consistent with the terms of this tariff,

including, but not limited to, to the conveyance by one

party to the other party of the quantity of Gas equal to the

imbalance.

7.15 Operational Balancing Agreements. UTOS recognizes that,

despite best efforts to match deliveries of Gas volumes to

the designated interconnecting pipeline at the UTOS delivery

point with the Gas volumes allocated to the Shipper's

account at the same UTOS delivery point, imbalances in the

aggregate Gas volumes intended for delivery to the

designated interconnecting pipeline may occur. UTOS may

enter into an Operational Balancing Agreement (OBA) with the

interconnecting pipeline at each UTOS delivery point on a

non-discriminatory basis, the terms and conditions of which

will provide for the resolution of any imbalances.

A pro forma OBA is set forth on Sheet Nos. 305 through 307

of this tariff. Any subsequent provisions that may be

entered into pursuant to the "mutually agreed to" provisions

of the pro form OBA are to be consistent with the terms of

this tariff.

8. IMBALANCES

8.1 Responsibility For Balancing. In addition to delivering and

receiving volumes of Gas in conformance with nominations,

Shippers are responsible for conforming their takes at

Delivery Points with their deliveries to UTOS at Receipt

Points each Day. UTOS has no obligation to deliver for the

account of a Shipper more volumes of Gas than UTOS has

received for the account of the Shipper or to accept for the

account of the Shipper more volumes of Gas than are being

delivered for the account of the Shipper on any Day.