Kinder Morgan Interstate Gas Transmission LLC
Second Revised Volume No. 1-C
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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective
Original Sheet No. 58 Original Sheet No. 58 : Superseded
Form of Operational Balancing Agreement - cont.
ARTICLE IV
OTHER OPERATING PROVISIONS
Unless otherwise agreed, the party owing gas under this Agreement shall
make daily nominations by telephone or facsimile to the other Party to verify
deliveries of the Monthly Operational Imbalance makeup gas to be tendered by
the next day. Such nominations shall be confirmed in writing.
ARTICLE V
OTHER AGREEMENTS
In the event that any provision of this Agreement conflicts with any
provision of the Parties' respective FERC Gas Tariffs or transportation
agreements, the applicable provision of the Parties' FERC Gas Tariffs or
transportation agreements shall take precedence over the conflicting
provisions of this Agreement; provided, however, that no Party or Daily or
Monthly Operational Imbalance shall be subject to any imbalance charges or
penalties set forth therein.
ARTICLE VI
NO THIRD PARTY BENEFICIARIES
This Agreement shall not create any rights in third parties, and no
provision of this Agreement shall be construed as creating any obligations for
the benefit of, or rights in favor of, any person or entity other than the
Parties.