Columbia Gulf Transmission Company
Second Revised Volume No. 1
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Effective Date: 07/01/1996, Docket: RP96-261-000, Status: Effective
First Revised Sheet No. 401 First Revised Sheet No. 401 : Effective
Superseding: Original Sheet No. 401
OPERATIONAL BALANCING AGREEMENT (Cont'd)
4.1 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, estimated or actual,
shall be subject to (i) a cash-in or cash-out, or (ii) an operational flow order, unless specifically provided
for in this Agreement.
NO THIRD PARTY BENEFICIARIES
5.1 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.
STANDARD OF PERFORMANCE
6.1 The Parties understand and agree that performance under this Agreement shall occur only on
a good faith basis. In the event of nonperformance or noncompliance by either Party with respect to one or
more of the conditions set forth herein, such Party shall not be liable in any manner to the other Party or
to any third parties for such nonperformance or noncompliance; except that, the Parties shall be legally
obligated to reconcile any outstanding actual Operational Imbalance under this Agreement and which may exist
upon termination of this Agreement consistent with the relevant terms and conditions set forth in this
7.1 The construction and interpretation of this Agreement shall be governed by the laws of the
State of Texas, excluding any conflict of law rule which would refer any matter to the laws of a jurisdiction
other than the State of Texas.