Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 07/18/2010, Docket: RP10-853-000, Status: Effective
Second Revised Sheet No. 231 Second Revised Sheet No. 231
Superseding: First Revised Sheet No. 231
OPERATOR BALANCING AGREEMENT
FORM OF AGREEMENT
15. This Agreement and the terms and conditions herein are subject to all present and future valid
laws, orders, rules and regulations of duly constituted authorities having jurisdiction.
16. In the event a conflict exists or arises between this Agreement and Transporter's FERC Gas
Tariff, as amended from time to time, it is agreed and understood that the latter shall
17. This Agreement is for accounting and system management purposes only, and is entered into by
the Parties with the understanding that the balancing activities provided for hereunder will
not subject any non-jurisdictional entity to regulation by the Federal Energy Regulatory
Commission as a "natural gas company" under the provisions of the Natural Gas Act. If, at any
time, it should be determined that such balancing activities do result in such regulation, then
this Agreement shall immediately terminate, and any remaining Operational Imbalance shall be
resolved by the Parties within ninety (90) days after termination of this Agreement.
18. Any entity which shall succeed by purchase, merger or consolidation to the properties,
substantially as an entity, of either Party, shall be subject to the obligations of its
predecessor to this Agreement. No other assignment of this Agreement or of any of the rights
or obligations hereunder shall be made.
19. AS TO ALL MATTERS OF CONSTRUCTION AND INTERPRETATION, THIS AGREEMENT SHALL BE INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
20. Any notice, request, or statement provided pursuant to this Agreement shall be in writing and
shall be considered as having been given, if delivered personally, when delivered, or, if
either mailed by United States mail, postage prepaid, sent by express mail, electronically
mailed, or overnight delivery, or if telecopied to the other Party, then, when sent, to the