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.