Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 11/06/2006, Docket: RP07- 13-000, Status: Effective
First Revised Sheet No. 545 First Revised Sheet No. 545 : Effective
Superseding: Original Sheet No. 545
GENERAL TERMS AND CONDITIONS
(continued)
14. CAPACITY RELEASE (continued)
Algonquin shall be entitled to interest from Releasing Customer in accordance
with Section 19 of these General Terms and Conditions, to the extent Algonquin
does not recover such Fixed Charges from the Replacement Customer on the due
date. To the extent Releasing Customer makes payment in satisfaction of any
such obligations it shall be subrogated to Algonquin's rights to collect such
amounts from the defaulting Customer under the New Service Agreement.
(d) Algonquin may rely upon and shall be protected in acting or refraining from
acting upon any resolution, certificate, statement, instrument, notice, or
other document believed by it to be genuine and to have been signed or
presented by the proper party or parties.
(e) Algonquin shall not be bound to make any investigation into the facts or
matters stated in any resolution, certificate, statement, instrument, notice,
or other document, but Algonquin, in its reasonable discretion, may make such
further inquiry or investigation into such facts or matters as it may see fit.
(f) Except as expressly set forth in Section 14.7(a), each Releasing Customer
agrees to protect and indemnify Algonquin against, and to release and hold
Algonquin harmless against, any loss, liability or expense (including, without
limitation, court costs and attorneys' fees) incurred or suffered by Algonquin
or such Releasing Customer arising out of or in connection with the provisions
of this Section 14 (including, without limitation, Algonquin's performance or
failure of performance of any of its obligations under this Section 14).
(g) Without in any way limiting the other provisions of this Section 14, each
Approved Bidder, by delivery of a bid to Algonquin, shall be deemed to have
agreed:
(i) to the provisions of (d) and (e) above;
(ii) to protect and indemnify Algonquin against, and to release and hold
Algonquin harmless against, any loss,