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)

(Continued)

 

 

ARTICLE IV

MISCELLANEOUS

 

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.