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.