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. 161 First Revised Sheet No. 161

Superseding: Original Sheet No. 161

GENERAL TERMS AND CONDITIONS

(b) Continuing Responsibility of the Assigning Shipper.

Unless the Assigning Shipper requests and is granted a

release from its obligations under its Transportation

Agreement with UTOS, the Assigning Shipper shall be

subject to the continuing liability and responsibility

for all charges associated with the assigned capacity,

as stated in this Section 18. In assigning firm

capacity to a Replacement Downstream Shipper, the

Assigning Shipper recognizes and agrees that such

assignment shall reduce the Assigning Shipper's firm

capacity rights under its underlying Transportation

Agreement with UTOS, beginning on the effective date

of the assignment.

(c) Release By Replacement Downstream Shipper. A release

of assigned capacity by a Replacement Downstream

Shipper under the capacity release provisions of

Section 17 of this tariff shall not relieve the

Assigning Shipper, or any Replacement Shipper in the

sequence of assignment and releases between the

Assigning Shipper and the Replacement Shipper holding

the capacity, of their obligations under this tariff

or their respective Transportation Agreements with

UTOS.

(d) Billing.

(i) UTOS shall bill a Replacement Downstream Shipper

for all applicable rates and charges under the

Transportation Agreement between UTOS and the

Replacement Downstream Shipper, and the

Replacement Downstream Shipper shall pay the

billed amounts directly to UTOS.

(ii) Payments received by UTOS from a Replacement

Downstream Shipper shall be applied to amounts

owed in the following order: (1) any penalty

that is due; (2) late charges: (3) interruptible

overrun service charges; (4) commodity-based

charges; and (5) reservation charges.

(iii) If a Replacement Downstream Shipper fails to pay

UTOS all of the charges due under its

Transportation Agreement with UTOS, then UTOS

shall notify the Assigning Shipper of the amount

due, including any late charges, and the

Assigning Shipper shall pay such amount to UTOS.

If UTOS subsequently receives any payment of the

amount billed from the delinquent Replacement

Downstream Shipper, the amount of such payment

shall be credited to the Assigning Shipper.