Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-553-000, Status: Effective
First Revised Sheet No. 608D First Revised Sheet No. 608D : Effective
Superseding: Sub Original Sheet No. 608D
GENERAL TERMS AND CONDITIONS
(continued)
40. ELECTRONIC COMMUNICATION
and all resulting loss, costs, damages, and/or expenses (including court costs
and reasonable attorney's fees) of any nature whatsoever, that may be asserted
against or imposed upon Algonquin by any party associated with Algonquin's
reliance on Designation of Agency information provided pursuant to this Section
40.6.
(d) The rights specified in the approved Designation of Agency information having
the latest commencement date shall supersede all prior rights granted by LINK®
System Subscriber to Agent. In no event can an agency right granted to one
Agent be simultaneously granted to another Agent.
It is the obligation of the LINK® System Subscriber to notify Algonquin when an
agency relationship changes or terminates, either by (i) specifying a
termination date in the approved Designation of Agency information, (ii)
submitting a request to terminate an agency relationship via the LINK® System
using the applicable on-line form, as such form is updated from time to time in
the LINK® System, or (iii) submitting and approving superseding Designation of
Agency information in accordance with Section 40.6(a). The Agent may request a
termination of the agency relationship by submitting such request via the LINK®
System. A request to terminate an agency relationship will be processed by
Algonquin without consent from the non-requesting party.
LINK® System Subscriber and Agent must re-approve existing Designation of
Agency information via the LINK® System using the applicable on-line form, as
such form is updated from time to time in the LINK® System, on an annual basis.
If, during this annual re-approval process, either the LINK® System Subscriber
or the Agent desires a change to the Designation of Agency information, new
Designation of Agency information must be submitted and approved in accordance
with Section 40.6(a) above. Algonquin shall remove the security rights granted
to all LINK® System Users of Agent pertaining to access granted by LINK® System
Subscriber pursuant to the Designation of Agency information if LINK® System
Subscriber and Agent do not re-approve the existing Designation of Agency
information or submit and approve updated Designation of Agency information on
an annual basis.
(e) Agent is authorized to act on behalf of LINK® System Subscriber under any or
all of LINK® System Subscriber's Service Agreements with Algonquin as such
Service Agreements are effective from time to time, or with respect to any or
all meter locations as available from time to time, respectively, as specified
in the Designation of Agency information, until LINK® System Subscriber
properly notifies Algonquin that the agency relationship is terminated or
superseded in accordance with Section 40.6(d). The designation of an Agent by
a LINK® System Subscriber does not provide for an assignment of the rights and
obligations of any Service Agreement between Algonquin and LINK® System
Subscriber.
40.7 Liability
(a) Algonquin shall not be liable to LINK® System Subscriber nor any other party in
damages for any act, omission or circumstance related to the LINK® System
occasioned by or in consequence of an event of Force Majeure as defined in
Section 16 of these General Terms and Conditions, that is not within the
control of Algonquin and which by the exercise of due diligence Algonquin is
unable to prevent or overcome. To the extent the information displayed on the
LINK® System is originated solely by Algonquin and such information is
subsequently determined to be inaccurate, LINK® System Subscriber shall not be
subject to any penalties otherwise collectable by Algonquin based on Customer
conduct attributable to such inaccuracy during the period the inaccurate
information was displayed on the LINK® System.