Viking Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-306-000, Status: Effective
Second Revised Sheet No. 122 Second Revised Sheet No. 122 : Effective
Superseding: First Revised Sheet No. 122
OPERATIONAL BALANCING AGREEMENT
(For Use at Receipt Point(s))
ARTICLE III
TERM
3.1 Duration of Agreement - Subject to the other termination rights provided herein,
this Agreement shall be in full force and effect from the date hereof for a primary
term of _____ and shall continue thereafter on a month-to-month basis unless
terminated by either Party giving thirty (30) days, written notice, with the
termination to be effective at the end of a calendar month. Notwithstanding the
above, if any material problems arise as a result of the provisions of this
Agreement, then the Parties will enter into good faith negotiations to amend this
Agreement to resolve such problems. If the Parties are unable to resolve such
problems as a result of such negotiations, then either Party may terminate this
Agreement upon forty-eight (48) hours' prior written notice with the termination to
be effective at the end of a calendar month.
3.2 Continuing Obligations - Following the termination of this Agreement, any remaining
Operational Imbalance shall be corrected in cash in accordance with Section 3 of the
General Terms and Conditions of Company's FERC Gas Tariff unless the Parties
mutually agree otherwise.
ARTICLE IV
MISCELLANEOUS
4.1 Warranties - Balancing Party warrants (i) that as to any gas which it delivers or
causes to be delivered to Company 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 (of its) deliveries from the Receipt Points in accordance with this Agreement;
and (iv) that it will indemnify and save Company 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 Company that all requisite
authorizations, if any, have been obtained as to any gas which Balancing Party
delivers or causes to be delivered hereunder. The Balancing Party of each Receipt
Point will take the necessary corrective action requested by Company in accordance
with this Agreement and shall perform all acts and duties required to nominate,
confirm and deliver gas hereunder. If the Balancing Party fails to take such
corrective action, then this Agreement shall terminate upon written notice from
Company at the end of that calendar month (then such Receipt Point(s) will be
deleted from Exhibit A upon written notice from Company at the end of the calendar
month and shall no longer be subject to this Agreement). Company 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.