Common use of Operational Parameters Clause in Contracts

Operational Parameters. (1.1) Prior to the date and time of flow at each Location, the Parties shall confirm and schedule Service Requester(s) nominations which will be delivered or received at each Location. Such confirmation between the Parties shall be made electronically via electronic interface system (such as the Parties’ Electronic Bulletin Boards or other successor systems), unless otherwise mutually agreed to by the Parties. (1.2) The Parties intend that the total dekatherms of natural gas actually delivered and received each gas day at each Location will equal the Scheduled Quantities for said Location. Each Party will allocate the dekatherms that have been delivered and received at each Location among the Service Requester Agreements on its system pursuant to the Scheduled Quantities at each such Location. Any difference between the total actual physical flow of gas and the total of all Scheduled Quantities at each Location for such gas day is defined for the purposes of this Agreement as the “Daily Operational Imbalance”. The sum of all unresolved Daily Operational Imbalances at any given time is defined for purposes of this Agreement as the “Cumulative Operational Imbalance”. The Parties shall eliminate such Daily Operational Imbalance and Cumulative Operational Imbalance pursuant to this Agreement. (1.3) Unless the Parties otherwise mutually agree, the best available operating data for gas flows at the Location shall be used on a daily basis during any current period to determine the estimated Cumulative Operational Imbalance at the Location, with physical flow adjustments to be made during that current period as mutually agreed to by both Parties to attempt to maintain or achieve a Cumulative Operational Imbalance of zero at the Location. The Cumulative Operational Imbalance shall be calculated by Measuring Party no later than the tenth (10th) day of the following month. (1.4) [In the event that the Parties agree to resolve any Cumulative Operational Imbalance via the cash out mechanism set forth in Maritimes’ FERC Gas Tariff, the following language will be included in the Operational Balancing Agreement between the Parties as paragraph (1.4): "Any Cumulative Operational Imbalance calculated pursuant to paragraph (1.3) above for said month shall be cashed-out in accordance with the balancing provisions set forth in Section 11.6 of the General Terms and Conditions of Maritimes’ FERC Gas Tariff. Once the Cumulative Operational Imbalance has been cashed out for a particular month, such cash out shall be a Party’s sole remedy for resolution of the Cumulative Operational Imbalance, unless mutually agreeable."] [In the event that the Parties agree to resolve any Cumulative Operational Imbalance via an in-kind of receipt or delivery of natural gas, the following language will be included in the Operational Balancing Agreement between the Parties as paragraph (1.4): "Any Cumulative Operational Imbalance calculated pursuant to paragraph (1.3) above for said month shall be agreed to by electronic interface systems or in writing by the Parties prior to the tenth (10th) day of such month. Such Cumulative Operational Imbalance shall be resolved by the Parties pursuant to mutually agreed upon procedures, which shall be negotiated by the Parties on a not unduly discriminatory basis."]

Operational Parameters. (1.1) 1.1 Prior to the date and time of flow at each Location, the Parties shall confirm and schedule Service Requester(s) nominations which will be delivered or received at each Location. Such confirmation between the Parties shall be made electronically via electronic interface system (such as the Parties’ Electronic Bulletin Boards or other successor systems), unless otherwise mutually agreed to by the Parties. 1.2 Until this Agreement is terminated pursuant to Article 2 below, Rover waives, with respect to OBA Party, the daily scheduling provisions in Section 5.1, and the monthly balancing provisions of Section 5.2, of General Terms and Conditions of its Federal Energy Regulatory Commission Gas Tariff (1.2) the “FERC Gas Tariff”). 1.3 The Parties intend that the total dekatherms of natural gas actually delivered and received each gas day at each Location will equal the Scheduled Quantities for said that Location. Each Party will allocate the dekatherms that have been delivered and received at each Location among the Service Requester Agreements on its system pursuant to the Scheduled Quantities at each such Location. Any difference between the total actual physical flow of gas and the total of all Scheduled Quantities at each Location for such gas day is defined for the purposes of this Agreement as the “Daily Operational Imbalance”. The sum of all unresolved Daily Operational Imbalances at any given time is defined for purposes of this Agreement as the “Cumulative Operational Imbalance”. The Parties shall eliminate such Daily Operational Imbalance and Cumulative Operational Imbalance pursuant to this Agreement.. The daily Operational Imbalance on any day shall not exceed of the Scheduled Quantities for such day, and shall not exceed a cumulative volume of (1.3) Unless the Parties otherwise mutually agree, the best available 1.4 Estimated operating data for gas flows quantities flowing at the each Location shall be used on a daily basis during any current period to determine the estimated Cumulative Operational Imbalance at the Location, Location with physical flow adjustments to be made during that current period as mutually agreed to by both Parties parties in order to attempt to maintain maintain, reduce or achieve a Cumulative Operational Imbalance of zero at the Location. The Cumulative Operational Imbalance shall be calculated by Measuring Party no later than the tenth (10th) day of the following month. (1.4) [In the event that the Parties agree to resolve eliminate any Cumulative Operational Imbalance via the cash out mechanism set forth in Maritimes’ FERC Gas Tariff, the following language will be included in the Operational Balancing Agreement between the Parties as paragraph (1.4): "Any Cumulative Operational Imbalance calculated pursuant to paragraph (1.3) above for said month shall be cashed-out in accordance with the balancing provisions set forth in Section 11.6 of the General Terms and Conditions of Maritimes’ FERC Gas Tariff. Once the Cumulative Operational Imbalance has been cashed out for a particular month, such cash out shall be a Party’s sole remedy for resolution of the Cumulative Operational Imbalance, unless mutually agreeable."] [In the event that the Parties agree to resolve any Cumulative Operational Imbalance via an in-kind of receipt or delivery of natural gas, the following language will be included in the Operational Balancing Agreement between the Parties as paragraph (1.4): " 1.5 Any Cumulative Operational Imbalance calculated pursuant to paragraph (1.3) above for said month shall be agreed to by electronic interface systems or in writing by the Parties prior to the tenth fifteenth (10th15th) day of such month. Such Cumulative Operational Imbalance shall be resolved by the Parties pursuant to mutually agreed upon procedures, which shall be negotiated by the Parties on a not unduly discriminatory basis."] 1.6 This agreement shall not limit Rover’s rights to take action as may be required to adjust scheduled quantities under any Service Agreement to alleviate conditions which threaten the integrity of Rover’s system as determined by Rover in Rover’s sole discretion. Rover has the right to issue an operational flow order at the Location pursuant to the terms and conditions of its FERC Gas Tariff.