Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 89 Original Sheet No. 89 : Effective

 

(b) Balancing at Contract Termination: Following termination of

Shipper's service agreement, Shipper shall be required to

cure any remaining excess or deficiency in receipts and

deliveries, in kind or cash, unless the parties mutually

agree otherwise. The time for such cure shall be determined

by Transporter, but in no event shall such time be less than

thirty (30) days from the date of contract termination.

 

(c) Shipper Requirement to Cure Imbalances Prior to Contract

Termination: Shipper shall use best efforts to maintain

balance between scheduled quantities and quantities

delivered to, and received from, Transporter.

 

(i) Differences between (1) quantities received on to

Transporter's system on behalf of Shipper and (2)

quantities delivered from Transporter's system on

behalf of Shipper will be recorded as imbalances and

reported to Shipper on a monthly basis pursuant to the

invoicing provisions stated in Section 10 of these

General Terms & Conditions.

 

(ii) Transporter may require Shipper to cure an imbalance

in kind, or in cash to the extent that a "cash out"

price can be mutually agreed upon. The time for such

cure shall be determined by Transporter, but in no

event shall such time be less than 30 days from the

end of the Month in which the imbalance was incurred.

 

(iii) Netting and Trading Imbalances: Any Shipper using

multiple service agreements may cause Transporter to

net opposite imbalances across those agreements. Any

two Shippers may agree to trade equal quantities of

opposite imbalances, provided that such Shippers give

Transporter written notice of such trade within seven

days after such trade has been agreed upon. An entity

shall not be deemed a "marketing affiliate" solely by

reason of imbalance trading.

 

(iv) Notwithstanding anything else stated in this Section

9, nothing shall prevent Transporter from requiring

Shipper to cure an imbalance pursuant to, and in a

manner and time prescribed by, an Operational Flow

Order issued under Section 8 of these General Terms

and Conditions.