NorAm Gas Transmission Company
Fourth Revised Volume No. 1
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Effective Date: 02/01/1995, Docket: RP94-343-000, Status: Effective
Original Sheet No. 283 Original Sheet No. 283 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
applicable under the relevant Rate Schedule
attributable to its usage of the released capacity.
Transporter shall continue to bill the releasing
Shipper all applicable charges under its existing
Service Agreement, including any additional or higher
reservation or demand charges (plus all surcharges
and fixed costs applicable thereto) resulting from
replacement Shipper's utilization of the released
capacity in a manner inconsistent with Transporter's
agreement with the releasing Shipper, but excluding
commodity or usage charges (plus surcharges, fuel
retentions, penalties, etc.) billed to the
replacement Shipper and attributable to its usage of
the released capacity. Invoices sent to the
releasing Shipper shall reflect a credit equal to any
reservation or demand charges (plus all surcharges
and fixed costs applicable thereto) being billed to
the replacement Shipper for the released capacity
rights, or as otherwise agreed. If the replacement
Shipper fails to pay when due all or part of the
amounts credited to the releasing Shipper,
Transporter shall pursue payment from the replacement
Shipper by notifying such Shipper by registered
letter, return receipt requested, that it has five
days from receipt of such letter to pay the amount
due including any applicable interest. If the
replacement Shipper fails to pay such amount by the
end of the fifth day, Transporter shall reverse the
credit and bill the releasing Shipper for such past
due amounts, plus applicable interest.
19.9 Rights and Obligations of the Parties.
(a) Unless Transporter otherwise agrees, the Service
Agreement between the releasing Shipper and
Transporter shall remain in full force and
effect with the Shipper to receive a credit to
its invoice as described hereinabove. The
Service Agreement executed by the replacement
Shipper shall be fully effective and enforceable
by and against the replacement Shipper. The
replacement Shipper may also release capacity
pursuant to this section, and in such event and
for such purposes, shall be considered the
releasing Shipper.