Central Kentucky Transmission Company

Original Volume No. 1

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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective

Original Sheet No. 410 Original Sheet No. 410 : Effective

 

OPERATIONAL BALANCING AGREEMENT

(Continued)

 

ARTICLE IV

 

OTHER AGREEMENTS

 

4.1 In the event that any provision of this Agreement conflicts with any

provision of the Parties' respective FERC Gas Tariffs or transportation

agreements, the applicable provision of the Parties' FERC Gas Tariffs or

transportation agreements shall take precedence over the conflicting

provisions of this Agreement; provided, however, that no Party or Daily or

Monthly Operational Imbalance, estimated or actual, shall be subject to (i)

a cash-in or cash-out, or (ii) an operational flow order, unless

specifically provided for in this Agreement.

 

 

ARTICLE V

 

NO THIRD PARTY BENEFICIARIES

 

5.1 This Agreement shall not create any rights in 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 entity other than

the Parties.

 

 

ARTICLE VI

 

STANDARD OF PERFORMANCE

 

6.1 The Parties understand and agree that performance under this

Agreement shall occur only on a good faith basis. In the event of

nonperformance or noncompliance by either Party with respect to one or more

of the conditions set forth herein, such Party shall not be liable in any

manner to the other Party or to any third parties for such nonperformance

or noncompliance; except that, the Parties shall be legally obligated to

reconcile any outstanding actual Operational Imbalance under this Agreement

and which may exist upon termination of this Agreement consistent with the

relevant terms and conditions set forth in this Agreement.