East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 595 Original Sheet No. 595 : Effective
(For Use by Aggregator at Points of Delivery)
those rate schedules. Transporter agrees that Shipper may protest or
contest the aforementioned filings, or may seek authorization from duly
constituted regulatory authorities for such adjustment of Transporter's
existing FERC Gas Tariff as may be found necessary to assure
Transporter just and reasonable rates.
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 that 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 a different character.
6.4 Incorporation of Tariff - This Agreement is subject to all terms,
conditions, and charges under Rate Schedule LMS-MA as such schedule may
be modified or superseded from time to time. Unless otherwise stated
herein, the General Terms and Conditions specified in Transporter's
FERC Gas Tariff are incorporated as part of this Agreement.
Transporter shall have the unilateral right to file and make effective
changes to its tariff affecting this Agreement.
6.5 Notices - Except as otherwise expressly provided in this Agreement or
the General Terms and Conditions applicable to this Agreement, any
notice under this Agreement shall be in writing and mailed to the
Party's address shown on Exhibit A hereto or such other address as
either party may designate by written notice to the other.