East Tennessee Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 33-007, Status: Effective

Substitute Original Sheet No. 209 Substitute Original Sheet No. 209 : Superseded

 

 

OPERATIONAL BALANCING AGREEMENT

(For Use Under Rate Schedule LMS-PA)

 

4.3 Changes in Rates and Charges - Balancing Party agrees that Transporter shall have the

unilateral right to file with the appropriate regulatory authority and make effective

changes in (a) the rates and charges applicable to service pursuant to Transporter's

Rate Schedule LMS-PA, (b) the rate schedule(s) pursuant to which service hereunder

is rendered, or (c) any provision of the General Terms and Conditions applicable to

those rate schedule. Transporter agrees that Balancing Party may protest or contest

the aforementioned filings, or may seek authorization from duly constituted

regulatory authorities for such adjustment of Transporter's existing FERC Gas Tariff

as may be found necessary to assure Transporter just and reasonable rates.

 

ARTICLE V - TERM

 

5.1 Duration of Agreement - Subject to the other termination rights provided herein, this

Agreement shall be in full force and effect from ____________, 19__, for a term

commensurate with the underlying converted firm transportation agreement(s) and shall

continue thereafter on a month-to-month basis unless terminated by either Party

giving thirty days' prior written notice, with the termination to be effective at the

end of a calendar month. Notwithstanding the above, if any material problems arise

as a result of the provisions of this Agreement, then the Parties will enter into

good faith negotiations to amend this Agreement to resolve such problems. If the

Parties are unable to resolve such problems as a result of such negotiations, then

either Party may terminate this Agreement upon forty eight (48) hours' prior written

notice with the termination to be effective at the end of a calendar month.

 

5.2 Continuing Obligations - Following the termination of this Agreement, and remaining

Operational Imbalance shall be resolved in cash in accordance with Rate Schedule LMS-

PA of Transporter's FERC Gas Tariff, unless the parties mutually agree otherwise;

provided, however, that Transporter has notified Balancing Party of such imbalance

no later than twelve months after the termination of this Agreement.

 

5.3 This Agreement will terminate automatically upon written notice from Transporter in

the event that Balancing Party fails to pay all of the amount of any bill for service

rendered by Transporter hereunder in accord with the terms and conditions of Article

16 of the General Terms and Conditions of Transporter's Tariff.

 

ARTICLE VI - MISCELLANEOUS

 

6.1 Warranties - Balancing Party warrants (i) that as to any gas that it delivers or

causes to be delivered to Transporter hereunder to correct an Operational Imbalance

that such gas will be 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; and (iii) that it will indemnify and save Transporter

harmless from suits, actions, debts, accounts, damages, costs, to said gas or to

royalties, overriding royalties, taxes, or other charges thereon or with regard to