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. 134 First Revised Sheet No. 134

Superseding: Original Sheet No. 134

GENERAL TERMS AND CONDITIONS

(Continued)

11. RESPONSIBILITY FOR GAS AND ASSOCIATED LIQUIDS

As between the Parties hereto, Shipper shall be in exclusive

control and possession of the Gas and Associated Liquids until

such have been delivered to UTOS at the Points of Receipt and

after such Gas and Associated Liquids have been redelivered to

or for the account of Shipper by UTOS at the Point of

Delivery. UTOS shall be in exclusive control and possession

of such Gas and Associated Liquids while same are in the

System between the Points of Receipt and the Point of

Delivery. As between the Parties, the Party which shall be in

exclusive control and possession of such Gas and Associated

Liquids shall be responsible for all injury or damage caused

thereby.

12. FACILITIES

Unless otherwise agreed to by the parties, UTOS shall not be

required to own, construct and install any facilities to perform

any transportation service requested by Shipper including, but not

limited to, hot tap, side valve, measurement, Gas supply lateral

lines, looping and/or compression facilities. Shipper shall

reimburse UTOS for all UTOS' costs associated therewith either on

a lump sum or incremental fee basis as agreed to by the parties.

13. FORCE MAJEURE

13.1 Definition. The term "force majeure" as used herein shall

mean: acts of God, strikes, lockouts, or other industrial

disturbances; acts of a public enemy; wars; blockades;

insurrections; riots; epidemics; landslides; lightning;

earthquakes; fires; storms (including but not limited to

hurricanes or hurricane warnings); crevasses; floods;

washouts; arrests and restraints of the government, either

federal or state, civil or military; civil disturbances;

shutdowns for purposes of necessary repairs, relocation, or

construction of facilities; breakage or accident to

machinery or lines of pipe; the necessity for testing (as

required by governmental authority or as deemed necessary by

the testing Party for the safe operation thereof); the

necessity of making repairs or alterations to machinery or

lines of pipe; failure of surface equipment or pipelines;

accidents, breakdowns, inability of either Party hereto to

obtain necessary material, supplies, or permits, or labor to

perform or comply with any obligation or condition of this

Rate Schedule or the Transportation Agreement; rights of

way; and any other causes, whether of the kind herein

enumerated or otherwise, which are not reasonably in the