Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 07/01/2004, Docket: RP04-361-000, Status: Effective

Original Sheet No. 834 Original Sheet No. 834 : Effective

 

 

OPERATIONAL BALANCING AGREEMENT

(continued)

 

Imbalance will be corrected as provided in this agreement within _______ days after the

final Operational Imbalance is calculated by the measuring Party or within such longer

period of time as may be mutually agreed to by the Parties.

 

(8) The interpretation and performance of this agreement shall be in accordance with the

laws of _________________________, without recourse to the law regarding the conflict

of laws.

 

This agreement and the obligations of the parties are subject to all present and future

valid laws with respect to the subject matter and to all valid present and future

orders, rules and regulations of duly constituted authorities having jurisdiction.

 

(9) No waiver by either Party of any one or more defaults by the other in the performance

of any provision of this agreement shall operate or be construed as a waiver of any

continuing or future default or defaults, whether of a like or different character, or

a waiver of each of the Parties' obligations to eliminate Operational Imbalances by

adjusting nominations and/or deliveries and receipts of gas at the Interconnection

Point, as provided herein.

 

(10) Notices shall be given to the following:

 

(a) Notices to Algonquin

 

(i) Oral notices:

(ii) Written notices:

 

(b) Notices to Operator

 

(i) Oral notices:

(ii) Written notices:

 

Notices required to be given in writing may be given by facsimile transmission.