Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 06/01/1997, Docket: RP97- 60-003, Status: Effective

Second Revised Sheet No. 599 Second Revised Sheet No. 599 : Effective

Superseding: Substitute Original Sheet No. 599

 

 

BALANCING AGREEMENT (continued)

 

(For Use at Points of Receipt)

 

 

deliver or cause to be delivered such gas; and (iii) that it will indemnify and

save Transporter 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. Balancing Party will pay, or

cause to be paid, all royalties, overriding royalties, taxes or other charges due

on the gas delivered to Transporter and will file all necessary reports with

federal or state agencies associated with the gas delivered to Transporter. If

the federal or state law or taxing agency requires Transporter to pay such charges

directly to the agency or other person, and to file any reports on such

deliveries, Balancing Party will act as Transporter's agent in paying the

necessary charges and filing the necessary reports. Balancing Party represents

and warrants to Transporter that all requisite authorizations, if any, have been

obtained as to any gas that Balancing Party delivers or causes to be delivered

hereunder. Balancing Party or Balancing Party's designee agrees to take the

necessary corrective action requested by Transporter in accordance with this

Agreement. If the Balancing Party or Balancing Party's designee fails to take

such corrective action, then this Agreement shall terminate upon written notice

from Transporter at the end of the 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.

 

5.2 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 THE DOCTRINES

GOVERNING CHOICE OF LAW.

 

5.3 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.

 

5.4 Billings and Payments - Transporter shall bill and Balancing Party shall pay for

the resolution of Operational Imbalances in cash in accordance with Articles V and

VI, respectively, of the General Terms and Conditions of Transporter's FERC Gas

Tariff.