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,