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. 546 Second Revised Sheet No. 546

Superseding: First Revised Sheet No. 546

 

GENERAL TERMS AND CONDITIONSPRIVATE

(continued)

 

14. CAPACITY RELEASE (continued)

 

liability or expense (including, without limitation, court costs and

attorneys' fees) incurred or suffered by Algonquin or such Approved Bidder

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); and

 

(iii) that Algonquin shall have disclaimed all express and implied

representations and warrants concerning the released rights acquired by the

bidder, the New Service Agreement and the related Release.

 

(h) [Reserved for Future Use]

 

(i) Notwithstanding the other provisions of this Section 14.7, Algonquin is not

absolved from liability arising as a result of negligence on the part of Algonquin.

 

14.8 Terms of Release.

 

(a) Capacity released and available for resale by Algonquin under this Section 14 shall

consist of the MDTQ and MATQ associated therewith and, if the Releasing Customer is

proposing to release any of its primary points, the MDRO specified in Releasing

Customer's Notice for the Point(s) of Receipt specified therein and/or the MDDO

specified in such notice for the Point(s) of Delivery specified therein. A

Customer's release of a portion of the MDTQ under any service agreement shall

operate as a release of a proportionate amount of the MATQ thereunder. The

Customer acquiring capacity released under this Section 14 may