Corrections in Subsequent Periods. The cumulative Operational Imbalance at each Interconnection Point each month will be determined and communicated by BAMAGAS to CES electronically or in writing as soon as possible, but no later than the first business day after the last day of each month. To the extent that BAMAGAS has the right to balance in kind pursuant to the respective operational balancing agreements it enters into with CES’ upstream suppliers or transporters, as identified on Exhibit 3 to the Natural Gas Pipeline Construction and Transportation Agreement (collectively, the “BAMAGAS Balancing Agreements”), CES shall have the right to balance in kind the cumulative Operational Imbalance(s) during the month subsequent to the month in which the Operational Imbalance(s) were created (“Subsequent Month”) by nominating additional Gas quantities in accordance with the procedures of the applicable BAMAGAS Balancing Agreements. To the extent BAMAGAS does not have the right to balance in kind under any of the BAMAGAS Balancing Agreements any or all of the cumulative Operational Imbalance at each Interconnection Point during any given month or, if BAMAGAS has such right but CES fails to correct the monthly Operational Imbalance on or before the last day of the Subsequent Month, then BAMAGAS shall be entitled to cash out the remaining Operational Imbalance quantities for the same price and on the same terms and provisions as provided in the applicable BAMAGAS Balancing Agreements; it being the express intent of the Parties that BAMAGAS shall at all times be kept whole by CES and CES with respect to any differences in the price or method of balancing Operational Imbalances at each Interconnection Point each month between this Agreement and the applicable BAMAGAS Balancing Agreement(s) then in effect. Measurement of Gas under this Agreement shall be made in accordance with the applicable provisions in the FERC Gas Tariffs of the interstate pipelines interconnecting with BAMAGAS at the respective Interconnection Point(s).
Appears in 1 contract
Sources: Natural Gas Pipeline Construction and Transportation Agreement (American Midstream Partners, LP)
Corrections in Subsequent Periods. The cumulative Operational Imbalance at each Interconnection Point each month will be determined and communicated by BAMAGAS to CES electronically or in writing as soon as possible, but no later than the first business day after the last day of each month. To the extent that BAMAGAS has the right to balance in kind pursuant to the respective operational balancing agreements it enters into with CES’ upstream suppliers or transporters, as identified on Exhibit 3 to the Natural Gas Pipeline Construction and Transportation Agreement (collectively, the “BAMAGAS Balancing Agreements”), CES shall have the right to balance in kind the cumulative Operational Imbalance(s) during the month subsequent to the month in which the Operational Imbalance(s) were created (“Subsequent Month”) by nominating additional Gas quantities in accordance with the procedures of the applicable BAMAGAS Balancing Agreements. To the extent BAMAGAS does not have the right to balance in kind under any of the BAMAGAS Balancing Agreements any or all of the cumulative Operational Imbalance at each Interconnection Point during any given month or, if BAMAGAS has such right but CES fails to correct the monthly Operational Imbalance on or before the last day of the Subsequent Month, then BAMAGAS shall be entitled to cash out the remaining Operational Imbalance quantities for the same price and on the same terms and provisions as provided in the applicable BAMAGAS Balancing Agreements; it being the express intent of the Parties that BAMAGAS shall at all times be kept whole by CES and CES with respect to any differences in the price or method of balancing Operational Imbalances at each Interconnection Point each month between this Agreement and the applicable BAMAGAS Balancing Agreement(s) then in effect. Measurement of Gas under this Agreement shall be made in accordance with the applicable provisions in the FERC Gas Tariffs of the interstate pipelines interconnecting with BAMAGAS at the respective Interconnection Point(s).
Appears in 1 contract
Sources: Transportation Agreement (American Midstream Partners, LP)