Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 12/04/1997, Docket: RP97-386-000, Status: Effective

First Revised Sheet No. 607 First Revised Sheet No. 607 : Effective

Superseding: Substitute Original Sheet No. 607

 

BALANCING AGREEMENT

(For Use by Aggregator at Points of Delivery)

 

ARTICLE IV

 

IMBALANCE CHARGES

 

4.1 CURRENT CHARGES - Commencing upon the date of execution, the rates, charges, and

surcharges to be paid by Balancing Party to Transporter shall be in accordance

with Transporter's Rate Schedule LMS-MA and the General Terms and Conditions of

Transporter's FERC Gas Tariff.

 

4.2 INCIDENTAL CHARGES - Balancing Party agrees to reimburse Transporter for any

filing or similar fees, which have not been previously paid for by Balancing

Party, which Transporter incurs in rendering service hereunder.

 

4.3 CHANGES IN RATES AND CHARGES - Balancing Party agrees that Transporter shall have

the unilateral right to file with the appropriate regulatory authority and make

effective changes in (a) the rates and charges applicable to service pursuant to

Transporter's Rate Schedule LMS-MA, (b) the rate schedule(s) pursuant to which

service hereunder is rendered, or (c) any provision of the General Terms and

Conditions applicable to those rate schedules. Transporter agrees that Shipper

may protest or contest the aforementioned filings, or may seek authorization from

duly constituted regulatory authorities for such adjustment of Transporter's

existing FERC Gas Tariff as may be found necessary to assure Transporter just and

reasonable rates.

 

ARTICLE V

 

MISCELLANEOUS

 

5.1 Warranties - Balancing Party warrants (i) that as to any gas which it delivers or

causes to be delivered to Transporter hereunder to correct an Operational

Imbalance that it will have good title to such gas, free and clear of all liens,

encumbrances and claims whatsoever; (ii) that it will at the time of delivery have

the right to deliver or cause to be delivered such gas; (iii) that it has the

right to allocate all deliveries from the Delivery Points in accordance with this

Agreement, and (iv) 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 represents and warrants to

Transporter that all requisite authorizations, if any, have been obtained as to

any gas which Balancing Party delivers or causes to be delivered hereunder.

Balancing Party represents that no delivery point covered by this Agreement will

have daily delivery from the Transporter system exceeding 10,000 Dth.