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Original Sheet No. 129 Original Sheet No. 129 : Superseded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.

 

ARTICLE IV

MISCELLANEOUS

 

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

Agreement.