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. 156 Third Revised Sheet No. 156

Superseding: Second Revised Sheet No. 156

GENERAL TERMS AND CONDITIONS

(Continued)

pursuant to its contract, with a concurrent

conditional credit for payment of the reservation

charge and reservation surcharge due from the

Replacement Shipper. This bill shall include an

itemization of credits and adjustments associated with

each release transaction. Releasing Shipper shall

also be billed a marketing fee, if applicable,

pursuant to the provisions of subsection 17.10 of this

Section 17. A Replacement Shipper who re-releases

acquired capacity shall pay to UTOS a marketing fee,

if applicable. If a Replacement Shipper does not make

payment to UTOS of the reservation charge and

reservation surcharge, if any, due as set forth in

Section 10 of the General Terms and Conditions, UTOS

shall notify the Releasing Shipper of the amount due,

including all applicable late charges authorized by

Section 10 of the General Terms and Conditions and

such amount shall be paid by the Releasing Shipper.

In addition, Releasing Shipper may terminate the

release of capacity to a Replacement Shipper if such

Replacement Shipper fails to pay all of the amount of

any bill for Gas delivered under the executed

Transportation Agreement when such amount is due.

Once terminated, capacity and all applicable charges

shall revert to the Releasing Shipper. All payments

received from a Replacement Shipper shall first be

applied to the reservation charge due for the

transportation service and then to any reservation

surcharge, including late charges related solely to

such reservation charges, then to any penalty due,

then to usage charges, and last to late charges not

related to any reservation charges due.

If the Transportation Agreement between UTOS and the

Replacement Shipper specifies a reservation charge for

the released capacity that is higher than the

reservation charge specified in the underlying

Transportation Agreement with UTOS and the Releasing

Shipper, then any revenues that UTOS collects from the

Replacement Shipper that are based on the difference

between the specified reservation charges which remain

after payment of the items specified in the last

sentence of the immediately preceding paragraph shall

be credited to the Releasing Shipper.