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