Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-73-000, Status: Effective
Second Revised Sheet No. 255 Second Revised Sheet No. 255
Superseding: First Revised Sheet No. 255
GENERAL TERMS AND CONDITIONS
9. CAPACITY RELEASE (continued)
(4) Pipeline shall reject any bid which does not meet the other
minimum specifications set forth in the Releasing Customer's
Notice. In the event both a contingent bid and a non-
contingent bid generate the same value, Pipeline shall reject
the contingent bid even if the bid with no contingency was
received later in time. If multiple bids meet the minimum
conditions stated in the Releasing Customer's Notice, Pipeline
shall award the capacity, best bid first, until all offered
capacity has been awarded. For purposes of the foregoing, a
Customer paying a Negotiated Rate is subject to the provisions
of Section 24.
(e) In the event that the Prearranged Customer desires to exercise its
right to match the "best bid," the Prearranged Customer must notify
Pipeline via the LINK® System.
(f) Pipeline shall not award capacity release offers to the
Replacement Customer until and unless the Replacement Customer
meets Pipeline's creditworthiness requirements applicable to all
services that it receives from Pipeline, including the service
represented by the capacity release.
9.6 Obligations of All Parties.
(a) Obligations of Pipeline. Pipeline will be required pursuant to
Section 2 of the GT&C to provide the LINK® System for access by
Customers, Replacement Customers or Prearranged Customers
participating in this Section 9. If the Replacement or
Prearranged Customer satisfies Pipeline's applicable tariff
provisions governing Customer eligibility and its bid is accepted
by Pipeline, Pipeline will tender to the Replacement or
Prearranged Customer an addendum to the Capacity Release Umbrella
Agreement incorporating the terms of the accepted bid. Pipeline
will notify the Releasing Customer with recall rights of the name
of new Replacement Customers who subsequently obtain such capacity
after the Service Agreement is executed.
(b) Obligations of the Releasing Customer.
(1) The Service Agreement of the Releasing Customer will remain
in full force and effect, with a portion of the proceeds
attributable to any release and assignment credited to the
existing Releasing Customer's invoice as provided in Section
9.7. The Releasing Customer shall remain ultimately liable
to Pipeline for all Reservation Charges (mainline and/or
MNLFT) and Reservation Surcharges, if any, under the terms of
its Service Agreement with Pipeline. However, no new
obligation or liability is created as a result of such
releases of the rights and obligations under the Service
(2) If Pipeline waives any credit requirements for a Prearranged
Customer or a Replacement Customer, Pipeline shall limit the
liability of the Releasing Customer to the extent of such
credit waiver, unless the Releasing Customers agrees to the
waiver. To the extent Pipeline