Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 07/01/2004, Docket: RP04-361-000, Status: Effective

Original Sheet No. 531 Original Sheet No. 531 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(continued)

 

10. JOINT OBLIGATIONS

 

When Customer under a service agreement consists of two or more persons, the

obligations of such persons under such agreement shall be joint and several and, except as

otherwise provided, any action provided to be taken by Customer shall be taken by such

persons jointly.

 

11. DISCRETIONARY WAIVER

 

Algonquin may waive any of its rights hereunder or any obligations of Customer on a

basis that is not unduly discriminatory; provided that no waiver by either Customer or

Algonquin of any one or more defaults by the other in the performance of any provision of

the service agreement between Customer and Algonquin shall operate or be construed as a

waiver of any future default or defaults, whether of a like or of a different character.

 

12. MODIFICATION

 

No modification to the terms and provisions of any service agreement or exhibit

thereto shall be or become effective except by the execution of a superseding service

agreement or exhibit thereto.

 

13. SUCCESSORS IN INTEREST

 

Any company which shall succeed by purchase, merger, consolidation or otherwise to

the properties substantially as an entirety, of Algonquin or of Customer, used or intended

to be used for rendering gas service authorized by the Commission, shall be entitled to the

rights and shall be subject to the obligations of its predecessors in title under a service

agreement. In accordance with the capacity release procedures set forth in Section 14

below, Customer may, without relieving itself of its obligations under such agreement,

assign any of its rights and obligations thereunder to another shipper, but otherwise no

assignment of such agreement, or of any of the rights or obligations thereunder shall be

made unless there first shall have been obtained the consent thereto of Algonquin, in the

event of any assignment by Customer, or the consent thereto of Customer, in the event of an

assignment by Algonquin. These restrictions on assignment shall not in any way prevent any

party from pledging or mortgaging its rights under a service agreement as security for its

indebtedness.