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Original Sheet No. 58 Original Sheet No. 58 : Superseded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.