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.