Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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Effective Date: 04/01/2002, Docket: GT02- 10-000, Status: Effective

Original Sheet No. 154 Original Sheet No. 154 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

17.12 Rights and Obligations of the Releasing Shipper and the Replacement

Shipper.

 

(a) General Commitment of Replacement Shipper. By acquiring released

capacity, a Replacement Shipper agrees that it will comply with

all of the provisions of this tariff, the terms and conditions of

the executed Rate Schedule FT Transportation Agreement, and the

applicable orders, rules, and regulations of the Federal Energy

Regulatory Commission. The Replacement Shipper shall remain

fully liable to UTOS at the end of the term of the release

transaction for all responsibilities under its Transportation

Agreement with UTOS, including, but not limited to, all charges

incurred by the Replacement Shipper.

 

(b) Continuing Obligations of Releasing Shipper. The original

Releasing Shipper in any sequence of one or more releases

involving the same capacity ("Original Releasing Shipper") shall

continue to be liable for all reservation charges associated with

the released capacity, up to the reservation charge specified in

the Original Releasing Shipper's underlying Rate Schedule FT

Transportation Agreement with UTOS. If any Releasing Shipper

agrees to accept a bid from a Replacement Shipper that specifies

a reservation charge that is lower than the reservation charge

under the Transportation Agreement between the Releasing Shipper

and UTOS, the Releasing Shipper shall remain liable to pay the

balance to UTOS. By releasing firm capacity to a Replacement

Shipper, the Releasing Shipper recognizes and agrees that such

release shall reduce the Releasing Shipper's firm capacity rights

under its underlying Transportation Agreement with UTOS during

the term of the release, beginning on the effective date thereof,

except for any period that the released capacity is recalled by

the Releasing Shipper.

 

(c) Release By Replacement Shipper. A release of capacity by a

Replacement Shipper shall not relieve the Original Releasing

Shipper, or any Replacement Shipper in the sequence of releases

between the Original Releasing Shipper and the Replacement

Shipper holding the capacity, of their obligations under this

Tariff or their respective Transportation Agreements with UTOS.

Re-releases may be on the same terms and conditions as the

primary release (except as prohibited by F.E.R.C. regulations).

 

(d) Changes in Receipt or Delivery Points. A Releasing Shipper may

include in its Release Proposal restrictions on the Replacement

Shipper's ability to modify primary receipt and delivery points

in its Transportation Agreement with UTOS. In the absence of any

such restrictions, the Releasing Shipper shall be deemed to have

amended its Transportation Agreement to incorporate the changes

to primary receipt and delivery points made effective by any

Replacement Shipper in the sequence of releases between the

Original Releasing Shipper and the Replacement Shipper holding

the capacity.