TF03 850010005P126First Revised Sheet No. 85 TF04 Original Sheet No. 85 TF05Edward C. McMurtrie, Vice President/General Manager TF06110503 120903 GENERAL TERMS AND CONDITIONS (Continued) 5. OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued) 5.3 Balancing: (a) Applicability: This section applies to both firm and interruptible transportation service under Rate Schedules FT-1 and IT-1. The balancing of amounts scheduled and amounts taken by Shipper shall be on a thermally equivalent basis, taking into account Shipper's allocated portion of the Gas Used by Paiute. Such balancing shall be achieved on a daily basis in accordance with this Section 5.3, subject to Shipper's right, upon Paiute's approval, to vary amounts scheduled and amounts taken from time to time within limits specified by Paiute. Such balancing shall be measured by comparing the quantities scheduled for receipt by Paiute from Shipper at the Receipt Point(s), less Gas Used by Paiute, with the quantities taken by Shipper from Paiute at the Delivery Point(s). Shipper shall be subject to penalty payments as set forth below for any imbalances between quantities scheduled and amounts taken by Shipper that are outside the imbalance tolerance ranges set forth in Sections 5.3(c) and 5.3(d) below. Shipper shall eliminate any cumulative imbalance between amounts scheduled and amounts actually taken by Shipper within sixty (60) days after its Service Agreement is terminated. (b) Responsibility of Shipper: It is the responsibility of Shipper to control, and if necessary, adjust amounts scheduled by Shipper at the Receipt Point(s), and amounts taken by Shipper at the Delivery Point(s) in order to maintain a daily balance between the two quantities. Paiute shall not be obligated to receive or deliver gas in excess of the quantities scheduled by Shipper, nor shall Paiute be obligated to deliver to Shipper at the Delivery