Destin Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 09/01/1998, Docket: CP96-655-003, Status: Effective
Original Sheet No. 236 Original Sheet No. 236 : Superseded
OPERATIONAL BALANCING AGREEMENT
right to allocate all deliveries and/or receipts at the Point(s) in
accordance with this Agreement, and (ii) that it will indemnify and save
Operator harmless from suits, actions, debts, accounts, damages, costs,
losses and expenses arising from or out of adverse claims of any or all
persons to said gas or to royalties, overriding royalties, taxes, or other
charges thereon or with regard to the allocation of gas on Destin's system
5.2 Governing Bodies - This agreement shall be subject to all applicable laws,
Federal or State, and to all applicable rules, orders, statutes and
regulations of any duly authorized Federal, State or other government agency
5.3 Waivers - No waiver by either Party of any one or more defaults by the other
in the performance of this Agreement shall operate or be construed as a
waiver of any future default or defaults, whether of a like or different
5.4 Billings and Payments - Bills and payments which are due hereunder shall be
tendered in accordance with the billing and payment terms of the billing
Party's FERC Gas Tariff, unless the Parties agree otherwise.
5.5 Third Party Beneficiaries - No person, firm or corporation which is not a
party hereto shall have any legal or equitable right, remedy or claim under
this Agreement or any provision herein. Nothing herein is intended to or
shall establish any third party beneficiaries to this Agreement.
5.6 Operations - Neither Party shall have any obligation to alter its system
pressures, provide compression or modify its operations to eliminate any
Operational Imbalance hereunder.
5.7 Incorporation of Tariff - Unless otherwise stated herein, the General Terms
and Conditions specified in the currently effective Volume No. 1 of Destin's
FERC Gas Tariff shall be incorporated as part of this Agreement