Common use of NOMINATIONS AND CONFIRMATIONS Clause in Contracts

NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of each Month this Agreement is in effect, Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered by Balancing Party or for Balancing Party's account to Transporter at the Receipt Point(s) commencing on the first Day of the Month following the Confirmation. Balancing Party shall reconfirm any modification to such Confirmations or cause such modification to be reconfirmed prior to the commencement of the revised service. Transporter shall notify Balancing Party or Balancing Party's designee of any problem(s) regarding the scheduling of gas in accordance with Confirmations made hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar month, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter to be notified of any errors in the quantity scheduled pursuant to its Confirmation within one Business Day of receipt of such information from Transporter. If Balancing Party fails to confirm the quantities to be transported and/or purchased at any Receipt Point(s) in accordance with the above, and such failure continues for seven Business Days or more within the calendar month (whether or not such Days are consecutive) after 24-hour written notice to the Balancing Party by Transporter for each occurrence of Balancing Party's failure to confirm, then the affected points shall be deleted from Exhibit A upon written notice from Transporter at the end of that calendar month. 2.2 Allocations Based on Scheduled Quantities - The Parties intend that the quantity actually delivered at the Receipt Point(s) will equal the Scheduled Quantities. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Receipt Point(s) are equal to the Scheduled Quantities. Unless prohibited by applicable law or regulation, all transportation services by Transporter shall be allocated each Day in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas Tariff, or by such other methods as may be mutually agreed to by both Parties.

NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of each the Month this Agreement in which service is in effectto commence, Transporter and Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered transported by Balancing Party or for Balancing Party's account Transporter to Transporter at the Receipt Delivery Point(s) commencing on the first Day of the Month following the Confirmation. The quantities confirmed through this process shall become the "Scheduled Quantities". Balancing Party shall reconfirm any modification to such Confirmations or cause such modification to be reconfirmed re-confirmed prior to the commencement of the revised service. Transporter shall notify Balancing Party or Balancing Party's designee of any problem(s) regarding the scheduling of gas in accordance with Confirmations made hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar monthsuch Confirmation, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter to be notified of any errors in the quantity quantities scheduled pursuant to its Confirmation within one Business Day of receipt of such information from Transporter. If Balancing Party fails to confirm the quantities to be transported and/or purchased at to any Receipt Delivery Point(s) in accordance with the above, and such failure continues for seven two Business Days or more within the calendar month (whether or not such Days are consecutive) after 24-hour written notice to the Balancing Party by Transporter for each occurrence of Balancing Party's failure to confirm, then the affected points Delivery Points shall be deleted from Exhibit A upon written notice from Transporter at the end of that calendar month. 2.2 Allocations Allocation Based on Scheduled Quantities - The Parties intend that the quantity actually delivered at the Receipt Delivery Point(s) will equal the Scheduled Quantities. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Receipt Delivery Point(s) are equal to the Scheduled Quantities. Unless prohibited by applicable law or regulation, all transportation services by Transporter shall be allocated each Day in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas Tariff, based upon the Scheduled Quantities or by such other methods as may be mutually agreed to by both Parties.

NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of each the Month this Agreement in which service is in effectto commence, Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered transported by Balancing Party or for Balancing Party's account to Transporter at the Receipt Delivery Point(s) commencing on the first Day of the Month following the Confirmation. Balancing Party The quantities confirmed through this process shall reconfirm any become the "Scheduled Quantities". Any modification to such Confirmations or cause such modification to Scheduled Quantities shall be reconfirmed re-confirmed by Transporter and Balancing Party prior to the commencement of the revised service. Transporter shall notify Balancing Party or Balancing Party's designee of any problem(s) problems regarding the scheduling of gas in accordance with Confirmations made Confirmation hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar monthsuch Confirmation, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter to be notified of any errors in the quantity scheduled pursuant to its Confirmation Confirmations within one Business Day of receipt of such information from Transporter. If Balancing Party fails to confirm the quantities to be transported and/or purchased at any Receipt Delivery Point(s) in accordance with the above, and such failure continues for seven two Business Days or more within the calendar month (more, whether or not such Days are consecutive) , after 24-24 hour written notice to the Balancing Party by Transporter for each occurrence of Balancing Party's failure to confirm, then the affected points Delivery Points shall be deleted from Exhibit A upon written notice from Transporter at the end of that calendar month. 2.2 Allocations Based on Scheduled Quantities - The Parties intend that the quantity actually delivered at the Receipt Delivery Point(s) will be equal to the Scheduled Quantities. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Receipt Delivery Point(s) are equal to the Scheduled Quantities. Unless prohibited by applicable law or regulation, all transportation services by Transporter shall be allocated each Day in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas Tariff, based upon the Scheduled Quantities or by such other methods as may be mutually agreed to by both Parties.

NOMINATIONS AND CONFIRMATIONS. 2.1 1.1 Confirmation of Nominations - Prior Not later than 3:30 p.m. Central Clock Time on the day prior to the beginning of each Month this Agreement the month in which service is in effectto commence, Balancing Party Destin and Operator shall confirm or cause to be confirmed the quantities nominated to be received and delivered by Balancing Party or for Balancing Party's account to Transporter the Parties at the Receipt Point(s) Point commencing on the first Day day of the Month month following the Confirmationconfirmation. Balancing Party shall reconfirm any Any modification or adjustment to such Confirmations or cause such modification to Scheduled Quantities must be reconfirmed confirmed by Destin and Operator prior to the commencement of the revised service. Transporter Neither Party shall notify Balancing Party be obligated to revise the Scheduled Quantities in effect unless the other party notifies it by 3:30 p.m. Central Clock Time on the day prior to the day the change in physical deliveries is to be made, unless the Parties mutually agree otherwise. Destin shall provide evidence of such Scheduled Quantities (in writing or Balancing Party's designee by electronic means) on the day of any problem(s) regarding the scheduling of gas in accordance with Confirmations made hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar monthsuch confirmation, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter If at any time during a month Operator fails to be notified of any errors in the quantity scheduled pursuant respond to its Confirmation within one Business Day of receipt of such information from Transporter. If Balancing Party fails Destin's request to confirm the quantities to be transported and/or purchased received or delivered at any Receipt Point(s) in accordance with the above, and such failure continues for seven Business Days or more within the calendar month (whether or not such Days are consecutive) after 24-hour written notice to the Balancing Party by Transporter for each occurrence of Balancing Party's failure to confirmPoint, then the affected points shall be deleted from Exhibit A upon written notice from Transporter Destin may, at its option, terminate this Agreement at the end of the current calendar month upon prior written notice to operator. If at any time during a month Destin fails to respond to Operator's request to confirm the quantities to be delivered or received at the Point, then Operator may, at its option, terminate this Agreement at the end of the current calendar month upon prior written notice to Destin. The Parties also agree that calendar monththe provisions of this Agreement apply to any scheduled deliveries or receipts by displacement at the Point. 2.2 1.2 Allocations Based on Scheduled Quantities Nominations - The Parties intend that the quantity volumes of natural gas actually delivered or received at the Receipt Point(s) Point will be equal to the Scheduled QuantitiesQuantities to be delivered or received. Balancing Party Operator shall use all reasonable efforts to ensure that the quantities actually delivered or received by it at the Receipt Point(s) Point are equal to the Scheduled Quantities. Unless prohibited Destin shall use all reasonable efforts to ensure that the quantities actually received or delivered by applicable law or regulation, all transportation services by Transporter it at the Point are equal to the Scheduled Quantities. Each Party agrees to allocate volumes to be delivered and received at the Point each day to each Party's respective shippers based upon the Scheduled Quantities set forth in Section 1.1 above. 1.3 Allocation of Variances - The sum of the daily differences between the Scheduled Quantities set forth in Section 1.1 above for each day and the actual quantity delivered and/or received at the Point on each day during the calendar month shall be allocated each Day the Monthly Operational Imbalance. Any Monthly Operational Imbalances will be resolved in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas TariffSection 2.2 herein, or by such other methods as may be unless mutually agreed to by both Partiesotherwise. 1.4 Penalties - If Destin is experiencing operational difficulties because of the variance between scheduled nominations and actual flows at the Point, the provisions of Section 25 of the General terms and Conditions shall apply.

NOMINATIONS AND CONFIRMATIONS. 2.1 1.1 Confirmation of Nominations - Prior to the beginning of each Month this Agreement the month in which service is in effectto commence, Company and Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered transported by Balancing Party or for Balancing Party's account to Transporter Company at the Receipt Point(s) commencing on the first Day day of the Month month following the Confirmationconfirmation. Balancing Party shall reconfirm any Any modification to such Confirmations or cause such modification to confirmed quantities shall be reconfirmed confirmed by Company and the Balancing Party prior to the commencement of the revised service. Transporter Company shall notify provide evidence of such confirmation in writing to Balancing Party or Balancing Party's designee of any problem(swithin two (2) regarding the scheduling of gas in accordance with Confirmations made hereunder within one Business Day after each daily Confirmation and within four Business Days after the end of each calendar month for an aggregate of all Confirmations for a calendar monthsuch confirmation, unless mutually agreed to otherwise. Balancing Party shall notify Transporter or cause Transporter to be notified Company of any errors in the quantity scheduled pursuant to its Confirmation confirmed nominations within one two (2) Business Day Days of receipt of such information written evidence from TransporterCompany. If Balancing Party fails to respond to Company's requests to confirm the ARTICLE I NOMINATIONS AND CONFIRMATIONS quantities to be transported and/or purchased at any Receipt Point(s) in accordance with the above, and such failure continues for seven Business Days fifteen (15) days or more within the calendar month (whether or not such Days days are consecutive) after 24-hour written notice to the Balancing Party by Transporter Company for each occurrence of Balancing Party's failure to confirmrespond, then this Agreement shall terminate upon written notice from Company at the affected points shall end of that calendar month (and such Receipt Point(s) will be deleted from Exhibit A upon written notice from Transporter Company at the end of the calendar month and shall no longer be subject to this Agreement). If, subsequent to the deletion of the Receipt Point from this Agreement, Balancing Party demonstrates to Company's satisfaction that calendar month.Balancing Party will respond to confirmation requests in accordance with this Agreement, then the Receipt Point may be added to Exhibit A. 2.2 1.2 Allocations Based on Scheduled Quantities Confirmed Nominations - The Parties intend that the quantity actually delivered at the Receipt Point(s) will be equal to the Scheduled Quantitiesconfirmed nominations. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered at the Receipt Point(s) are equal to the Scheduled Quantitiesconfirmed nominations. Unless prohibited by applicable law or regulation, all transportation services provided by Transporter Company shall be allocated each Gas Day based upon the confirmed nominations set forth in accordance with Rate Schedule LMS-PA of Transporter's FERC Gas TariffSection 1.1 above, or by such other methods as may be mutually agreed to by both Parties.

NOMINATIONS AND CONFIRMATIONS. 2.1 Confirmation of Nominations - Prior to the beginning of each Month month this Agreement is in effect, Balancing Party shall confirm or cause to be confirmed the quantities nominated to be delivered by Balancing Party or for Balancing Party's account to Transporter by Company at the Receipt Point(s) commencing on the first Day day of the Month month following the Confirmationconfirmation. Absent notice from Company to the contrary, such confirmed nominations shall be scheduled by Company and shall become Scheduled Quantities. Balancing Party shall reconfirm any modification to such Confirmations confirmations or cause such modification to be reconfirmed prior to the commencement of the revised service. Transporter Company shall notify Balancing Party or Balancing Party's designee of any problem(s) problems regarding the scheduling of gas in accordance with Confirmations made confirmations hereunder within one Business Day after each daily Confirmation confirmation and within four Business Days after the end of each the calendar month for an aggregate of all Confirmations confirmations for a calendar month, month unless mutually agreed to otherwise. Balancing Party shall notify Transporter Company or cause Transporter Company to be notified of any errors in the quantity scheduled pursuant to its Confirmation Scheduled Quantities within one Business Day of receipt of such information from TransporterCompany. If Balancing Party party fails to confirm the quantities to be transported and/or purchased at any Receipt Point(s) in accordance with the above, and such failure continues for seven two Business Days or more within the calendar month (whether or not such Days days are consecutive) after 24-24 hour written notice to the Balancing Party by Transporter Company for each occurrence of Balancing Party's failure to confirm, then the affected points Receipt Point(s) shall be deleted from Exhibit A upon written notice from Transporter Company at the end of that calendar month. 2.2 Allocations Based on Scheduled Quantities - The Parties intend that the quantity actually delivered at the Receipt Point(s) will equal the Scheduled Quantities. Balancing Party shall use all reasonable efforts to ensure that the quantities actually delivered received at the Receipt Point(s) are equal to the Scheduled Quantities. Unless prohibited by applicable law or regulation, all transportation services provided by Transporter Company shall be allocated each Day day in accordance with Rate Schedule LMS-PA of TransporterCompany's FERC Gas Tariff, Tariff or by such other methods method as may be mutually agreed to by both Parties.