Granite State Gas Transmission, Inc.
Fourth Revised Volume No. 1
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Effective Date: 03/01/2010, Docket: RP10-322-000, Status: Effective
Original Sheet No. 180 Original Sheet No. 180
OPERATIONAL BALANCING AGREEMENT
(For Use Pursuant to Rate Schedule LMS)
Warranties - Operator warrants (i) that as to any gas
which it delivers or causes to be delivered to Granite State
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 Granite
State 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. Operator represents
and warrants to Granite State that all-requisite authorizations,
if any, have been obtained as to any gas which Operator delivers
or causes to be delivered hereunder.
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 jurisdictions.
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 different character.
Billings and Payments - Granite State shall bill and Operator
shall pay for the correction of Operational imbalances in cash in
accordance with Articles 5 and 6, respectively, of the General
Terms and Conditions specified in Granite State's FERC Gas Tariff.