Northern Border Pipeline Company
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/25/2009, Docket: RP09-931-000, Status: Effective
First Revised Sheet No. 304 First Revised Sheet No. 304
Superseding: Original Sheet No. 304
GENERAL TERMS AND CONDITIONS
44. AGENCY
For purposes of this Section 44, Customer shall be defined as any
Person who executes an Agreement with Company for service under any
of Company's Rate Schedules contained in this Tariff.
A Customer may delegate to a third party (Agent), authority to
exercise certain or all rights and perform certain or all
obligations set forth in one or more agreements entered into
between Customer and Company ("Delegated Agreements"). A Customer
may delegate to Agent, the specific rights and obligations set
forth above pursuant to the terms and conditions of the Agency
Authorization Agreement and the terms and conditions of the
underlying Delegated Agreements. A Customer may not delegate to
more than one Agent the same rights and/or obligations for a
Delegated Agreement(s) pursuant to the terms and conditions of the
Agency Authorization Agreement.
Company, Customer and Agent must enter into an Agency Authorization
Agreement which is available on Company's Internet web site. Such
Agency Authorization Agreement or any changes to such Agency
Authorization Agreement must be submitted to Company at least two
Business Days prior to the requested effective date. Agent shall
have all rights and obligations under the Delegated Agreements as
set forth in the Agency Authorization Agreement. Customer's
delegation to its Agent(s) pursuant to this Section 44 shall not
confer to either Customer or Agent(s) rights outside of or in
contravention of the terms and conditions of the Delegated
Agreements.
Company shall rely on communications and actions of Agent for all
purposes that are within the authority conveyed by the Agency
Authorization Agreement. Such communications with, and actions by,
Agent that are within the authority conveyed by the Agency
Authorization Agreement shall be deemed communications with or
actions by Customer. Customer shall indemnify and hold Company
harmless from suits, actions, costs, losses and expenses
(including, without limitation, attorney's fees) arising from
claims associated with Company's reliance on such communications
and actions of Agent. If Agent fails to meet such obligations
under the Delegated Agreements, then, without Company being
obligated to proceed against such representative, Customer shall be
liable for all obligations under the Delegated Agreements.