Enbridge Offshore Pipelines (Utos) LLC

FIFTH REVISED VOLUME NO. 1

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

Original Sheet No. 362 Original Sheet No. 362

FORM OF TRANSPORTATION AGREEMENT

(For Use Under Transporter's Rate Schedule IT)

(Continued)

ARTICLE X

10.1 Limitation on Liability of Member. The parties hereto hereby

agree that any claim against the Transporter which may arise

hereunder shall be made only against the Transporter and all

rights to proceed against the Members therein, individually, or

against their assets as a result of such claim or any

obligation arising therefrom, is hereby waived.

10.2 Indemnification of Operator. Shipper shall indemnify and save

harmless any Operator of the System, designated by Transporter

to operate the System for Transporter as an independent

contractor, and such Operator's officers, agents and employees

from any claim, demand or expense for loss, damage or injury

arising out of or in any way connected with the quality, use

or condition of the Gas and Associated Liquids after the

delivery from the System.

10.3 Applicable Law. This Agreement shall be governed by and

interpreted in accordance with the laws of the State of

Delaware.

10.4 Counterparts. This Agreement may be executed in any number of

counterparts, each of which shall be deemed an original, but

all of which together shall constitute but one and the same

instrument.

10.5 Headings. The headings contained in this Agreement are for

reference purposes only and shall not affect the meaning or

interpretation of this Agreement.

ARTICLE XI

11.1 Further Agreement (Write None or specify the agreement)

IN WITNESS WHEREOF, the parties hereto have caused this

Agreement to be duly executed in several counterparts by its duly

authorized officer as of ____________, __ ___.

Enbridge Offshore Pipelines (UTOS) LLC

(A Limited Liability Company)

By ________________________________________