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indemnity bond or otherwise, then such notice shall be withdrawn and the agreement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termination has not been withdrawn prior thereto.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.