Northern Border Pipeline Company
First Revised Volume No. 1
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Effective Date: 09/03/2004, Docket: RP04-441-000, Status: Effective
Original Sheet No. 478 Original Sheet No. 478 : Effective
NORTHERN BORDER PIPELINE COMPANY
OPERATIONAL BALANCING AGREEMENT
(For Use at Point(s) of Interconnection)
13. AS TO ALL MATTERS OF CONSTRUCTION AND INTERPRETATION, THIS
AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF NEBRASKA.
14. Notices shall be provided in accordance with Subsection 20.1 of
the General Terms and Conditions of Company's FERC Gas Tariff.
15. A waiver by either OBA Party of any one or more defaults by the
other OBA Party hereunder shall not operate as a waiver of any
future default or defaults, whether of like or different
character.
16. This Agreement shall not create any rights in favor of or
obligations for the benefit of third parties, and no provision of
this Agreement shall be construed as creating any obligations for
the benefit of, or rights in favor of, any person or entities
other than the OBA Parties.
17. In the event that one of the parties experiences an unplanned flow
reduction that would create an imbalance that cannot be
accommodated in the OBA and which cannot be corrected in a timely
fashion in one of the standard nomination cycles, the OBA Parties
shall use best efforts to implement an additional nomination cycle
to effect the needed curtailments.
18. All claims arising from and out of the terms of this Agreement
shall be limited to the assets of Company or __________ as the
case may be. Company and __________ agree that exercise of any
and all rights or remedies at law or in equity against the
individual partners of Company by __________ and of __________ by
Company, their successors, assigns and representatives is hereby
expressly waived.
19. The Effective Date of this Agreement shall be ___________, 20__.
20. The primary term of this Agreement shall be from the Effective
Date until cancelled upon sixty (60) days written notice or by
other provisions herein.