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.