Tuscarora Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/01/1995, Docket: CP93-685-003, Status: Effective
Original Sheet No. 75 Original Sheet No. 75 : Effective
GENERAL TERMS AND CONDITIONS
(b) The service agreement between Transporter and each Releasing Shipper
shall remain in full force and effect and unmodified, as if the Release
from that Releasing Shipper and related New Transportation Service
Agreement had never been entered into, except (i) the Releasing Shipper
shall not be entitled to any of the rights under the service agreement
which are released by it for the period set forth in the Release and (ii)
the Releasing Shipper shall be entitled to a credit as provided in this
subsection. Notwithstanding the above, in the event there is a permanent
release of Releasing Shipper's capacity, Transporter will agree to
discharge Releasing Shipper of liability, on a prospective basis, in
whole or in part.
(c) Transporter shall bill the Releasing Shipper the amount it is
obligated to pay for Fixed Charges and shall simultaneously credit such
invoice with the Fixed Charges that Transporter is entitled to recover
under all New Transportation Service Agreements which are owed in respect
of the capacity rights released by the Releasing Shipper and acquired
pursuant to such release (but not pursuant to subsequent releases of the
same capacity); provided, however, that such credit shall be reversed,
and Transporter shall be entitled to interest from Releasing Shipper in
accordance with Section 13 of these General Terms and Conditions, to the
extent Transporter does not recover such Fixed Charges from the
Replacement Shipper on the due date. To the extent Releasing Shipper
makes payment in satisfaction of any such obligations it shall be
subrogated to Transporter's rights to collect such amounts from the
defaulting Shipper under the New Transportation Service Agreement.
(d) Transporter may rely upon and shall be protected in acting or
refraining from acting upon any resolution, certificate, statement,
instrument, notice, or other document believed by it to be genuine and to
have been signed or presented by the proper party or parties.
(e) Transporter shall not be bound to make any investigation into the
facts or matters stated in any resolution, certificate, statement,
instrument, notice, or other document, but Transporter, in its reasonable
discretion, may make such further inquiry or investigation into such
facts or matters as it may see fit.