Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
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Effective Date: 06/01/1997, Docket: RP97- 59-003, Status: Effective
First Revised Original Sheet No. 142 First Revised Original Sheet No. 142 : Effective
Superseding: Substitute Original Sheet No. 142
(For Use at Receipt Points)
Balancing Party's designee agrees to take the necessary corrective action requested by
Transporter in accordance with this Agreement and shall perform all acts and duties
required to nominate, confirm and deliver gas hereunder. If the Balancing Party
fails to take such corrective action, then this Agreement shall terminate upon written
notice from Transporter at the end of that 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 jurisdiction. THE INTERPRETATION AND
PERFORMANCE OF THIS CONTRACT SHALL BE IN ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF
THE STATE OF TEXAS WITHOUT REGARD TO 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 different character.
6.4 Billings and Payments - Transporter shall bill and Balancing Party shall pay for the
resolution of Operational Imbalances and any charges assessed under Rate Schedule LMS-
PA in cash in accordance with Articles V and VI, respectively, of the General Terms
and Conditions of Transporter's FERC Gas Tariff.
6.5 Incorporation of Tariff - Unless otherwise stated herein, Rate Schedule LMS-PA and 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 Party's address shown on Exhibit A hereto or such other address as either Party
may designate by written notice to the other.
6.7 Receipt Points - Subject to the provisions of Transporter's FERC Gas Tariff and the
other provisions of this Agreement, Balancing Party may add or delete Receipt Points
to Exhibit A upon notice to Transporter and Balancing Party unless such Receipt Points
has previously been deleted from Exhibit A pursuant to Sections 2.1 or 2.4, in which
case Transporter's consent will be required.