Northern Border Pipeline Company

First Revised Volume No. 1

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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.