TF03 870020005P126Second Revised Sheet No. 87 TF04 First Revised Sheet No. 87 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: (Continued) (1) Any Shipper whose daily imbalance falls outside a tolerance range of plus or minus ten percent (10%) of Shipper's scheduled quantity for such day or five hundred (500) Dth, whichever is greater, shall be notified by Paiute of such imbalance. After either verbal or written notification, by Paiute, Shipper shall take the necessary corrective action to correct or avoid the daily imbalance situation. Unless Shipper and Paiute's dispatcher reach an agreement to provide Shipper with additional time, such action shall be taken at the time of Shipper's next scheduling pursuant to Section 4.2(a) of the General Terms and Conditions of this tariff. In all cases, the Shipper shall have a minimum of forty- eight (48) hours after such scheduling to correct the imbalance. (2) In the event Shipper fails to fully implement the corrective action as agreed upon or prescribed pur- suant to Section 5.3(c)(1) hereof, Shipper shall, commencing on the date on which corrective action was to be completed, be assessed a penalty, for each day thereafter and until such corrective action has been completed. The penalty shall be five dollars ($5.00) per Dth and shall be applied to those quan- tities that each day remain outside of the tolerance range specified in Section 5.3(c)(1) hereof. (3) Paiute will not invoke the above procedures, and will waive the above imbalance penalties, if, in Paiute's reasonable judgment, Shipper's actions have not jeopardized Paiute's ability to operate its system or impaired Paiute's ability to meet its other service obligations. Penalties or waivers of penalties will be applied uniformly and in a non-discriminatory manner.