Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-97-000, Status: Effective

Third Revised Sheet No. 762 Third Revised Sheet No. 762

Superseding: Second Revised Sheet No. 762

 

FORM OF SERVICE AGREEMENT

(APPLICABLE TO RATE SCHEDULE AFT-ES)

 

Date: __________________________, Contract No. __________________

 

SERVICE AGREEMENT

 

This AGREEMENT is entered into by and between Algonquin Gas Transmission, LLC,("Algonquin") and

_____________________________________ ("Customer").

 

WHEREAS,

 

NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained,

the parties do agree as follows:

 

1. Algonquin shall deliver and Customer shall take and pay for service pursuant to the terms of

this Agreement and subject to Algonquin's Rate Schedule AFT-ES and the General Terms and

Conditions of Algonquin's Tariff, which are incorporated herein by reference and made a part

hereof.

 

2. The Maximum Daily Transportation Quantity (MDTQ) and Maximum Annual Transportation Quantity

(MATQ) for service under this Agreement and any right to increase or decrease the MDTQ or

MATQ during the term of this Agreement are listed on Exhibit C attached hereto. The Point(s)

of Receipt and Point(s) of Delivery, respectively, are listed on Exhibits A and B attached

hereto. Exhibit(s) A, B, and C are incorporated herein by reference and made a part hereof.

 

3. This Agreement shall be effective on ___________ and shall continue for a term ending on and

including ___________ ("Primary Term") and shall continue to be effective from ______________

to ______________ thereafter unless and until terminated by Algonquin or Customer upon prior

written notice of at least _______[not less than 1 year for agreements with a primary term of

more than 1 year; for service agreements with both a primary term and notice period of

exactly one (1) year, the notice must be submitted within ten (10) Business Days of the

beginning of the primary term of the service agreement, and at least one (1) year for

subsequent notices for such service agreement; and otherwise mutually agreeable]. This

Agreement may be terminated at any time by Algonquin in the event Customer fails to pay part

or all of the amount of any bill for service hereunder and such failure continues for thirty

days after payment is due; provided Algonquin gives ten days prior written notice to Customer

of such termination and provided further such termination shall not be effective if, prior to

the date of termination, Customer either pays such outstanding bill or furnishes a good and

sufficient surety bond or other form of security reasonably acceptable to Algonquin

guaranteeing payment to Algonquin of such outstanding bill; provided that Algonquin shall not

be entitled to terminate service pending the resolution of a disputed bill if Customer

complies with the billing dispute procedure currently on file in Algonquin's Tariff. Any

portions of this Agreement necessary to correct or cash-out imbalances under this Agreement

as required by the General Terms and Conditions of Algonquin's Tariff shall survive the other

parts of this Agreement until such time as such balancing has been accomplished.

 

If this Agreement qualifies as a "ROFR Agreement" as defined in the General Terms and

Conditions of Algonquin's Tariff, the provision of a termination notice by either Customer or

Algonquin, pursuant to this article 3, a notice of partial reduction in Maximum Daily

Transportation Quantity and Maximum Annual Transportation Quantity pursuant to Exhibit C or

the expiration of this Agreement of its own terms triggers Customer's right of first refusal

under Section 9 of the General Terms and Conditions of Algonquin's Tariff.