Destin Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 09/01/1998, Docket: CP96-655-003, Status: Effective
Original Sheet No. 235 Original Sheet No. 235 : Effective
OPERATIONAL BALANCING AGREEMENT
for a primary term through ______________, and shall continue thereafter on a
month-to-month basis unless canceled by either Party upon at least forty-
eight (48) hours prior written notice to the other Party prior to the
effective date of termination.
3.2 Continuing Obligations - Following the termination of this Agreement, any
remaining Monthly Operational Imbalance accrued during the term of the
Agreement shall be corrected by the imbalance resolution procedures set forth
in Section 2.2 above.
Operator acknowledges and agrees that (a) Destin is a Delaware limited liability
company; (b) Operator shall have no recourse against any member of Destin with
respect to Destin's obligations under this agreement and its sole recourse shall be
against the assets of Operator, irrespective of any failure to comply with applicable
law or any provision of this Agreement; (c) no claim shall be made against any member
of Destin under or in connection with this Agreement; (d) Operator shall have no
right of subrogation to any claim of Destin for any Capital Contribution from any
member of Destin; and (e) this representation is made expressly for the benefit of
the members in Destin.
5.1 Warranties - Operator warrants (i) that it has the right to allocate all
receipts and/or deliveries at the Point(s) in accordance with this Agreement,
and (ii) that it will indemnify and save Destin harmless from suits, actions,
debts, accounts, damages, costs, losses and expenses arising from or out of
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 on Operator's system hereunder. Destin warrants (i) that it has the