Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

Original Sheet No. 134A Original Sheet No. 134A

GENERAL TERMS AND CONDITIONS

(Continued)

control of the Party claiming suspension. It is understood

and agreed that the settlement of strikes or lockouts shall

be entirely within the discretion of the Party having the

difficulty and that the above requirement that any force

majeure shall be remedied with all reasonable dispatch shall

not require the settlement of strikes or lockouts by

acceding to the demands of an opposing party when such

course is inadvisable in the discretion of the Party having

the difficulty.

13.2 Force Majeure. If by reason of force majeure either the

Shipper or UTOS is rendered unable, wholly or in part, to

carry out its obligations under these General Terms and

Conditions or the Transportation Agreement except for an

obligation to pay money, and if such Party gives notice and

reasonably full particulars of such force majeure in writing

or by telegraph to the other within a reasonable time after

the occurrence of the cause relied on, the Party giving such

notice, so far as and to the extent that it is affected by

such force majeure, shall not be liable in damages during

the continuance of any inability so caused, provided such

cause shall so far as possible be remedied with all

reasonable dispatch.