Tuscarora Gas Transmission Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-168-001, Status: Effective

First Revised Sheet No. 73 First Revised Sheet No. 73 : Effective

Superseding: Original Sheet No. 73

 

 

GENERAL TERMS AND CONDITIONS

 

 

26.6 Effect of Acceptance of Bid. Transporter's acceptance of a bid

shall, subject to the other provisions hereof, result in and

constitute a binding agreement (a) between Transporter and the

Releasing Shipper pursuant to which the Releasing Shipper releases

the rights described in the accepted bid without being released from

any of its obligations under the Existing Transportation Service

Agreement (the "Release") and (b) between Transporter and the bidder

whose bid was accepted ("Replacement Shipper") pursuant to which the

Replacement Shipper acquires from Transporter all of the Releasing

Shipper's released rights under its firm service agreement with

Transporter that are described in the accepted bid and the

Replacement Shipper agrees to perform timely and irrevocably all

obligations under the terms of the Transportation Service Agreement

applicable to the released capacity, in the form of an addendum to

the Capacity Release Umbrella Agreement incorporating the specific

terms of the accepted bid ("New Transportation Service Agreement").

Transporter shall electronically tender to the Replacement Shipper a

service agreement in the form of an addendum to the Capacity Release

Umbrella Agreement incorporating the terms of the accepted bid that

must be executed by the Replacement Shipper, the failure by the

Replacement Shipper to execute the same shall, at Transporter's

election, terminate the New Service Agreement. At the request of

Transporter, the Releasing Shipper and the Replacement Shipper shall

promptly execute such further documents as may be necessary or

appropriate to evidence the Release and New Transportation Service

Agreement, and provide true copies of same to Transporter. A party

that acquires released capacity from Transporter under this Section

26 shall be a Shipper for all purposes under this Tariff, including

capacity release under this Section 26. Nothing in this Section 26

shall operate as a waiver of any other requirements of this Tariff

applicable to Shippers, including requirements regarding Shipper

eligibility and scheduling of service. Upon acceptance of its bid

by Transporter a Replacement Shipper may schedule service and gas

may flow upon the effective date of the release, subject to

compliance with the other provisions of this Tariff.