Viking Gas Transmission Company
Original Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective
Original Sheet No. 129 Original Sheet No. 129 : Superseded
OPERATIONAL BALANCING AGREEMENT (Continued)
3.2 Continuing Obligations - Following the termination of this Agreement, any remaining
Operational Imbalance shall be corrected in cash in accordance with Rate Schedule LMS and
Section ____ of Article III of the General Terms and Conditions of Viking's FERC Gas Tariff
Volume No. 1, unless the parties mutually agree otherwise.
4.1 Warranties - Operator warrants (i) that as to any gas which it delivers or causes to be
delivered to Viking 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 Viking 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. Operator represents
and warrants to Viking that all requisite authorizations, if any, have been obtained as to
any gas which Operator delivers or causes to be delivered hereunder.
4.2 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.
4.3 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.
4.4 Billings and Payments - Viking shall bill and Operator shall pay for the correction of
Operational Imbalances in cash in accordance with Articles V and VI, respectively, of the
General Terms and Conditions specified in Viking's FERC Gas Tariff.
4.5 Incorporation of Tariff - Unless otherwise stated herein, Rate Schedule LMS and the General
Terms and Conditions specified in Viking's FERC Gas Tariff are incorporated as part of this