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

Third Revised Sheet No. 135 Third Revised Sheet No. 135

Superseding: Substitute First Revised Sheet No. 135

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

13.3. Limitations. Force majeure affecting the performance

hereunder by either Shipper or UTOS however shall not

relieve such Party of liability in the event of concurring

negligence or in the event of failure to use due diligence

to remedy the situation and to remove the cause in an

adequate manner and with all reasonable dispatch, nor shall

such causes or contingencies affecting such performance

relieve either Party from its obligations to make payments

as determined hereunder. "Concurring negligence", as used

herein, is defined as negligence of a party that causes,

contributes substantially to the cause of, and or

significantly aggravates or prolongs the effects of, a force

majeure event that the party identifies as affecting its

performance and relieving it of liability for damages.

 

14. CURTAILMENT

 

If, on any Day, UTOS determines that the capacity of its System,

or any part thereof, is insufficient to serve all transportation

requirements scheduled for such Day, or to accept the quantities

of Gas tendered, capacity that requires curtailment shall be

curtailed so as to provide the service that is possible. Volumes

shall be curtailed in the following order: (1) pro rata among

both requests for overrun service and confirmed nominations for

service under Rate Schedule IT, up to the Maximum Daily Volumes of

the shippers nominating Rate Schedule IT service; and (2) pro rata

among confirmed nominations for service under Rate Schedule FT,

up to the Currently Effective Contract Demands or Maximum Daily

Quantities, as applicable, of the shippers nominating a point

which is a primary point under their existing Service Agreement

under Rate Schedule T or FT.

 

15. [THIS SECTION IS RESERVED FOR FUTURE USE]

 

16. RIGHT OF FIRST REFUSAL

 

16.1 Purpose of Section. Subject to the procedures and

conditions set forth in the following subsections of this

Section 16, an existing firm shipper that is served by

UTOS pursuant to a Transportation Agreement under Rate

Schedule FT of this tariff with a primary term of one

year or longer shall be afforded a right of first

refusal, at the end of such primary term or any extension

thereof of one (1) year or longer, to continue its firm

capacity entitlements under the Transportation Agreement.

Any such existing firm shipper is hereinafter referred to

as an "Existing Shipper."