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

First Revised Sheet No. 133 First Revised Sheet No. 133

Superseding: Original Sheet No. 133

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

in Section 154.501(d)(1) of the Commission's regulations.

If such failure to pay continues for 30 Days after

payment is due, UTOS, in addition to any other remedy it

may have hereunder, and subject to whatever regulatory

authority may be necessary, may suspend further delivery

of Gas until such amount is paid; provided, however, that

if Shipper in good faith shall dispute the amount of any

such bill or part thereof and shall timely pay to UTOS

such amounts as it does not in good faith dispute and, at

any time thereafter within 30 Days of a demand made by

UTOS, shall furnish a good and sufficient surety bond in

an amount, on a form and with surety satisfactory to

UTOS, guaranteeing payment to UTOS of the amount

ultimately found due upon such bills after a final

determination which may be reached either by agreement or

judgment of the courts, as may be the case, then UTOS

shall not be entitled to suspend further delivery of Gas

on account of non-payment of such sum unless and until

default be made in the conditions of such bond. For any

amount to be considered "disputed", Shipper must provide

remittance detail identifying which portion of the

statement amount is being disputed and appropriate

documentation supporting and identifying the basis for

the dispute, in accordance with Section 10.3.

 

10.3 Adjustment of Billing Errors. Subject to the provisions

of Section 3.10 and 3.12 hereof, if an error is

discovered in the allocated quantities, the rate billed,

or any other item in any statement rendered by UTOS,

Shipper shall make a claim therefor within six (6) Months

of the date of such statement. UTOS shall have three (3)

Months from the date the claim is made to dispute or

resolve the claim. If there is an agreement as to the

amount of an error, any adjustment shall be made within

thirty (30) Days of the determination thereof. Such time

limits shall not apply in the case of government required

rate changes, deliberate omission or misrepresentation,

or mutual mistake of fact. If the parties are unable to

agree on the adjustment of any claimed error, any resort

by either of the parties to legal procedure, either at

law, in equity, or otherwise, shall be commenced within

15 Months after the supposed cause of action is alleged

to have arisen, or shall thereafter be forever barred.