TF03 89A0000005P128Original Sheet No. 89A.1 TF04 TF05Edward C. McMurtrie, Vice President/General Manager TF06063005050905RM96-1-026 090105 TF0711161203 GENERAL TERMS AND CONDITIONS (Continued) 5. OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued) 5.4 Overrun and Underrun, Scheduling and Balancing Penalties, General Provisions: (a) Overrun and underrun, scheduling and balancing penalties will be levied by Paiute against the Shipper who controls the facilities into which gas is delivered. If the Shipper is receiving transportation on one or more agreements with Paiute, all imbalances will be on that agreement with the Shipper which is last in the determination of delivery categories, as per Section 4.4 of the General Terms and Conditions of this tariff, unless otherwise agreed upon by the parties. (b) Overrun and underrun, scheduling and balancing penalties will be assessed in addition to all otherwise applicable charges under Rate Schedules FT-1, IT-1 and LGS-1. In the event that more than one of the penalties specified in Sections 5.1, 5.2 and 5.3(c) of the General Terms and Conditions are applicable to the same volume of gas, Paiute shall assess only one penalty, which shall be the highest of such applicable penalties, upon such gas. No imbalance penalty should be imposed when a prior period adjustment applied to the current period causes or increases a current monthly penalty. (c) One hundred percent (100%) of all net penalty revenues receiv- ed by Paiute pursuant to Sections 5.1(c), 5.2(a), and 5.3(c) of the General Terms and Conditions of this tariff will be credited to Shippers receiving service under Rate Schedules FT-1 and IT-1. Paiute shall net against such penalty revenue amounts that it must pay to an upstream pipeline for penalties assessed to Paiute arising from a restricted entitlement or cumulative imbalance period as described in Sections 5.2(b) and 5.3(d) where Paiute would have collected penalties under Section 5.2(b) and/or 5.3(d) but for the application of Section 5.4(b). The credits will be allocated pro rata based on the total revenues received from each Shipper