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. 543 Second Revised Sheet No. 543

Superseding: First Revised Sheet No. 543

 

GENERAL TERMS AND CONDITIONS

(continued)

 

14. CAPACITY RELEASE (continued)

 

Service Agreement"). Algonquin shall tender electronically to the Successful Bidder

a New Service Agreement in the form of an Addendum to the Capacity Release Umbrella

Agreement incorporating the terms of the accepted bid. A party that acquires

released capacity from Algonquin under this Section 14 shall be a Customer for all

purposes under this tariff, including capacity release under this Section 14, subject

to the re-release rights specified by Releasing Customer pursuant to Section

14.2(a)(19) above. Algonquin will notify the Releasing Customer with recall rights

of the name of new Replacement Customers who subsequently obtain all or a portion of

such capacity after the Addendum to the Capacity Release Umbrella Agreement is

tendered. Nothing in this Section 14 shall operate as a waiver of any other

requirements of this tariff applicable to Customers, including requirements regarding

Customer eligibility and scheduling of service. Upon acceptance of its bid by

Algonquin a Replacement Customer may schedule service and gas may flow upon the

effective date of the release, subject to compliance with the other provisions of

this tariff.

 

14.7 Obligations of Releasing Customer and Other Matters. Notwithstanding anything to the

contrary herein, in any Releasing Customer's Notice, in any bid or accepted bid, in

any Release, in any New Service Agreement or otherwise:

 

(a) The Release or the New Service Agreement relating thereto shall not constitute

a release of any of the obligations of the Releasing Customer under the

Existing Service Agreement and the Releasing Customer shall remain fully liable

for all of those obligations, including, without limitation, all reservation

charges, reservation surcharges, and other fixed costs owing under that Service

Agreement in respect of capacity rights released pursuant to the Release, as if

the Release had never been entered into; provided, however, Algonquin shall

credit the Releasing Customer with all reservation charges, reservation

surcharges, and other fixed costs ("Fixed Charges"), but not charges related to

usage, actually