Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective

Third Revised Sheet No. 551 Third Revised Sheet No. 551

Superseding: Second Revised Sheet No. 551

 

GENERAL TERMS AND CONDITIONS

(continued)

 

15. TERMINATION FOR DEFAULT

 

15.1 Termination of Service. If either Algonquin or Customer shall fail to perform any of

the covenants or obligations imposed upon it or them under and by virtue of an

applicable rate schedule or effective Service Agreement, then the other party may at

its option terminate such agreement by proceeding as follows. The party not in

default shall provide written notice to the party in default stating specifically the

cause for terminating the agreement and declaring it to be the intention of the party

giving the notice to terminate the same; thereupon the party in default shall have

thirty Days after receipt of such notice to remedy or remove the cause or causes

stated in the notice, and if within the thirty-Day period the party in default does

so remove and remedy said cause or causes and fully indemnifies the party not in

default for any and all consequences of such breach, by a good and sufficient

indemnity bond or otherwise, then such notice shall be withdrawn and the agreement

shall continue in full force and effect. In case the party in default does not so

remedy and remove the cause or causes or does not so indemnify the party giving the

notice for any and all consequences of such breach, within the thirty-Day period,

then, after any necessary authorization by regulatory bodies having jurisdiction, the

agreement shall become void at the expiration of said period, provided that notice of

termination has not been withdrawn prior thereto. Any cancellation of such agreement

pursuant to the provisions of this paragraph shall be without prejudice to the right

of Algonquin to collect any amounts then due to it for natural gas delivered prior to

the time of cancellation, and shall be without prejudice to the right of Customer to

receive any service for which it has paid but has not received, although entitled

thereto, prior to the time of cancellation, and without waiver of any remedy to which

the party not in default may be entitled for violations of such agreement.

 

15.2Suspension of Service. Prior to a termination for default, Algonquin may suspend

service to any Customer who fails to comply with the General Terms and Conditions,

the applicable rate schedule, or Customer's service agreement. Algonquin's failure

to invoke its right to terminate an agreement for default shall not be construed as a

waiver of Algonquin's right to terminate service during any other period when

Customer is in violation of the terms of this tariff or of Customer's service

agreement.