East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 576 Original Sheet No. 576 : Effective
BALANCING AGREEMENT (continued)
(For Use at Points of Delivery)
6.1 Warranties - Balancing Party warrants (i) that as to any gas which it
delivers or causes to be delivered to Transporter hereunder to correct
an Operational Imbalance that it will have good title to such gas, free
and clear of all liens, encumbrances and claims whatsoever; (ii) that it
will at the time of delivery have the right to deliver or cause to be
delivered such gas; (iii) that it has the right to allocate all
deliveries from the Delivery Points in accordance with this Agreement;
and (iv) that it will indemnify and save Transporter 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 hereunder. Balancing Party
represents and warrants to Transporter that all requisite
authorizations, if any, have been obtained as to any gas which Balancing
Party delivers or causes to be delivered hereunder.
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
jurisdiction over the transactions described herein.
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 correction of Operational Imbalances in cash in accordance
with Section 16 of the General Terms and Conditions specified in
Transporter's FERC Gas Tariff.
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.