East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 04/20/2008, Docket: RP08-277-000, Status: Effective
First Revised Sheet No. 556 First Revised Sheet No. 556 : Effective
Superseding: Original Sheet No. 556
(For Use Under Rate Schedule LMS-PA)
the allocation of gas hereunder. Balancing Party will pay, or cause to
be paid, all royalties, overriding royalties, taxes or other charges due
on the gas delivered to Transporter and will file all necessary reports
on such deliveries. Balancing Party will act as Transporter's agent in
paying the necessary charges and filing the necessary reports.
Balancing Party represents and warrants to Transporter that all
requisite authorizations, if any, have been obtained as to any gas that
Balancing Party delivers or causes to be delivered hereunder. Balancing
Party or Balancing Party's designee agrees to take the necessary
corrective action requested by Transporter in accordance with this
Agreement. If the Balancing Party or Balancing Party's designee fails
to take such corrective action, then this Agreement shall terminate upon
written notice from Transporter at the end of the calendar month.
Transporter may act, and shall be fully protected in acting, in reliance
upon any and all acts performed by Balancing Party to nominate, confirm
and deliver gas hereunder and to allocate deliveries on behalf of any
Producers covered by this Balancing Agreement as though they were done
or executed by the Producers.
6.2 Governing Bodies - This Agreement shall be subject to all applicable
laws, federal or state, and to all applicable rules and regulations of
any duly authorized federal, state or other government agency having
THE INTERPRETATION AND PERFORMANCE OF THIS CONTRACT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TENNESSEE,
WITHOUT REGARD TO THE DOCTRINES GOVERNING CHOICE OF LAW.
6.3 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 of
6.4 Billings and Payments - Transporter shall bill and Balancing Party shall
pay for the resolution of Operational Imbalances in cash in accordance
with Section 16 of Transporter's General Terms and Conditions.
6.5 Incorporation of Tariff - Unless otherwise stated herein, the General
Terms and Conditions specified in Transporter's FERC Gas Tariff are
incorporated as part of this Agreement.
6.6 Notices - Except as otherwise provided in the General Terms and
Conditions applicable to this Agreement, any notice under this Agreement
shall be in writing and mailed to the post office address of the Party
intended to receive the same, as follows: