Midcoast Interstate Transmission, Inc.

Second Revised Volume No. 1

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Effective Date: 10/01/1997, Docket: GT97- 71-000, Status: Effective

First Revised Sheet No. 231 First Revised Sheet No. 231 : Effective

Superseding: ORIGINAL SHEET NO. 231

 

OPERATIONAL BALANCING AGREEMENT (continued)

(For Use at Points of Delivery)

 

 

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.

The OBA Party represents and warrants to Transporter that all

requisite authorizations, if any, have been obtained as to any

gas which the OBA Party 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 - Transporter shall bill and the OBA

Party shall pay for the correction of Operational Imbalances

in cash in accordance with Article 5 of the General Terms and

Conditions specified in Transporter's FERC Gas Tariff.

 

4.5 Incorporation of Tariff - Unless otherwise stated herein, The

General Terms and Conditions specified in Transporter's FERC

Gas Tariff are incorporated as part of this Agreement.

 

4.6 Notices - Except as otherwise provided in the General Terms

and Conditions applicable to this Agreement, any notice under

this Agreement shall be in writing and sent by facsimile or

mailed to the post office address of the party intended to

receive the same, as follows: