Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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

Fourth Revised Sheet No. 553 Fourth Revised Sheet No. 553

Superseding: Third Revised Sheet No. 553

 

GENERAL TERMS AND CONDITIONS

(continued)

 

16. FORCE MAJEURE (continued)

 

require up to the quantities of gas Algonquin is then obligated to deliver to Customer,

Algonquin shall not be liable in damages or otherwise to Customer or any other person or

entity for any such failure to deliver such quantities of gas to Customer except to the

extent the orders or directives were issued as a result of imprudence or failure to

exercise due diligence on the part of Algonquin.

 

16.6 Effect of Interconnecting Operations. In the event that any upstream entity involved in

handling Customer's gas refuses or is unable to deliver gas to Algonquin, Algonquin

shall not be required to continue deliveries of gas on behalf of Customer to the extent

of such refusal or inability to deliver gas to Algonquin. In the event that any

downstream entity involved in handling Customer's gas refuses or is unable to receive

gas from Algonquin, Algonquin shall have the right to reduce deliveries of gas on behalf

of Customer to the extent of such refusal or inability by the downstream entity to

receive gas.

 

17. GOVERNMENTAL REGULATION

 

The service agreement, and all terms and provisions contained or incorporated therein,

and the respective obligations of the parties thereunder, are subject to valid laws,

orders, rules and regulations of duly constituted authorities having jurisdiction.

 

18. BILLING

 

18.1 Monthly Bill. Algonquin shall bill Customer on or before the seventh Day of each Month

for charges relating to service rendered during the preceding Month. Such bill shall be

delivered to Customer or its agent by posting Customer's final bill on Algonquin's LINK®

System and posting a general notice of the availability of the final bills on

Algonquin's Informational Postings Web Site. Algonquin will provide an e-mail

notification, if an e-mail address has been designated by Customer, contemporaneously

with the posting of the final bill on Algonquin's LINK® System. It is the Customer's

responsibility to update e-mail address information provided to Algonquin as necessary.

Customer may designate an agent to receive invoices and may designate such agent to

receive the e-mail notifications of the availability of Customer's final bill on

Algonquin's LINK® System.

 

18.2 Access to Billing Data. Both Algonquin and Customer shall have the right to examine at

reasonable times the books, records, and charts of the other to the extent necessary to

verify the accuracy of any statement, charge, or computation made under or pursuant to

any of the provisions hereof.

 

18.3 Discounts. The rates will be discounted in the following order: (i) Gas Research

Institute Surcharge, (ii) base rate reservation charge.