Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: RP07-553-000, Status: Effective

Second Revised Sheet No. 608C Second Revised Sheet No. 608C : Effective

Superseding: First Revised Sheet No. 608C

 

GENERAL TERMS AND CONDITIONS

(continued)

 

40. ELECTRONIC COMMUNICATION

 

Subscriber warrants that access consistent with any Designation of Affiliated

Companies information submitted and approved by LINK® System Subscriber and

its affiliates in accordance with Section 40.5(a) above or manually submitted

prior to September 1, 2007, pursuant to Section 40.4(g) above is appropriate

and authorized. Determining the propriety of such access is the

responsibility of LINK® System Subscriber and/or its affiliates, but Algonquin

reserves the right to reject such Designation of Affiliated Companies

information if it determines that granting such designation would violate any

contractual, legal, or regulatory responsibility of Algonquin.

 

(c) In order for LINK® System Users of LINK® System Subscriber to access the LINK®

System on behalf of LINK® System Subscriber's affiliates designated pursuant

Section 40.5(a) above, LINK® System Subscriber and each designated affiliate

of LINK® System Subscriber must meet the requirements of a LINK® System

Subscriber set forth in Section 40.1(a) of these General Terms and Conditions.

 

(d) It is the obligation of the LINK® System Subscriber to notify Algonquin via the

LINK® System when a company affiliation terminates, either by (i) submitting a

request to terminate a company affiliation via the applicable on-line form, as

such form is updated from time to time in the LINK® System, or (ii) submitting

and approving superseding Designation of Affiliated Companies information in

accordance with Section 40.5(a). An affiliate may request a termination of

the company affiliation by submitting such request via the LINK® System. A

request to terminate a company affiliation will be processed by Algonquin

without consent from the non-requesting party.

 

40.6 LINK® System Subscriber; Agency

 

(a) If LINK® System Subscriber desires to designate one or more persons or entities

to act as an agent on behalf of LINK® System Subscriber ("Agent"), then for

each such Agent, the LINK® System Subscriber (i) shall, or shall cause the

Agent to, submit to Algonquin via the LINK® System the Designation of Agency

information specifying the rights granted to the Agent and (ii) shall cause the

other party to the agency relationship to approve the Designation of Agency

information. The Designation of Agency information shall be submitted and

approved via the applicable on-line form, as such form is updated from time to

time in the LINK® System. The submission pursuant to item (i) herein shall be

deemed to be the submitting party's approval of the information. Algonquin may

require that LINK® System Subscriber provide additional documentation to

confirm that LINK® System Subscriber desires Agent to act on its behalf.

 

(b) In order for LINK® System Users of an Agent designated pursuant to Section

40.6(a) above to access the LINK® System on behalf of LINK® System Subscriber,

such Agent must meet the requirements of a LINK® System Subscriber set forth in

Section 40.1(a) of these General Terms and Conditions.

 

(c) Algonquin may accept and fully rely upon Designation of Agency information

submitted and approved in accordance with Section 40.6(a) above or manually

submitted prior to September 1, 2007, in accordance with Section 40.4(g) above.

Algonquin may fully rely upon all communications received from and direction

given by Agent with respect to all actions indicated in the approved

Designation of Agency information for which Agent is authorized to act on

behalf of LINK® System Subscriber. Algonquin may grant Agent access to LINK®

System Subscriber's data contained in the LINK® System as necessary to perform

the functions identified in the approved Designation of Agency information.

LINK® System Subscriber will defend, indemnify and hold harmless Algonquin from

and against any and all claims, demands, liabilities and/or actions, and/or any