Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-72-000, Status: Effective
Second Revised Sheet No. 542 Second Revised Sheet No. 542
Superseding: First Revised Sheet No. 542
GENERAL TERMS AND CONDITIONS
(continued)
14. CAPACITY RELEASE (continued)
(3) For purposes of determining the value of a bid, Algonquin shall use only
the reservation charge (including reservation charges stated on a
volumetric basis). If the bid evaluation method specified by the
Releasing Customer is present value, Algonquin shall use a discount rate
of ten (10) percent.
(4) In the event of a tie, a bid with no contingency shall be accepted over a
bid with a contingency even if the bid with no contingency was received
later in time.
(5) If the winning bid is a contingent bid, the bidder that submitted such
contingent bid will be required to satisfy or eliminate any contingency
in accordance with the capacity release timeline set forth in Section
14.4(b) or in the Releasing Customer's Notice, as applicable, and shall
confirm to Algonquin via e-mail to link-help@spectraenergy.com that the
contingency has been satisfied or eliminated. In the event that such
bidder fails to satisfy or eliminate its contingency pursuant to this
subsection (5), the capacity will be awarded to the next highest
bidder(s) as determined pursuant to this Section 14.5(c).
(d) In the event that the Prearranged Customer desires to exercise its right to
match the "best bid," the Prearranged Customer must notify Algonquin via the
LINK® System.
(e) Algonquin shall not award capacity release offers to the Replacement Customer
until and unless the Replacement Customer meets Algonquin's creditworthiness
requirements applicable to all services it receives from Algonquin, including
the service represented by the capacity release.
(f) Algonquin shall post on the LINK® System and by electronic data interchange the
winning bid and the identity of the winning bidder immediately upon accepting
the winning bid.
14.6 Effect of Acceptance of Bid. Algonquin's acceptance of a bid shall, subject to the
other provisions hereof, result in and constitute a binding agreement (a) between
Algonquin and the Releasing Customer pursuant to which the Releasing Customer
releases the rights described in the accepted bid without being released from any of
its obligations under the Existing Service Agreement (the "Release") and (b) between
Algonquin and the bidder whose bid was accepted ("Successful Bidder") pursuant to
which the Successful Bidder acquires from Algonquin all of the Releasing Customer's
released rights under its firm Service Agreement with Algonquin that are described in
the accepted bid and the Successful Bidder agrees to perform timely and irrevocably
all obligations under the terms of the Service Agreement applicable to the released
capacity, in the form of an addendum to the Capacity Release Umbrella Agreement
incorporating the specific terms of the accepted bid ("New