Northern Border Pipeline Company
First Revised Volume No. 1
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Effective Date: 03/10/2003, Docket: RP03-251-000, Status: Effective
Second Revised Sheet No. 442 Second Revised Sheet No. 442 : Effective
Superseding: First Revised Sheet No. 442
NORTHERN BORDER PIPELINE COMPANY
CAPACITY RELEASE AGREEMENT
Article 3 - Shipper Obligations
Shipper shall continue to be responsible to Company for compliance with
all terms and conditions of the Service Agreement and for all charges
for firm gas transportation rights provided pursuant to Shipper's
All terms and conditions of the Service Agreement not in conflict with
the terms and conditions of this Capacity Release Agreement shall be
incorporated by reference into this Capacity Release Agreement as if
fully set out herein.
Article 4 - Subrogation
Company expressly recognizes the right of subrogation of Shipper in and
to all rights, claims, and privileges that Company has or may have
against Replacement Shipper(s), to the extent of all payments made by
Shipper to Company on account of or arising from Replacement Shipper(s)'
failure to comply with the terms and conditions of the Replacement
Shipper(s)' Rate Schedule T-1R or Rate Schedule T-1B Service Agreement.
Shipper and Company agree that Shipper may exercise this right of
subrogation with regard to such rights, claims and privileges at its
discretion. Further, Shipper and Company agree that Company has no
obligation to proceed against the Replacement Shipper for its failure to
make payments in accordance with the terms and conditions of its Rate
Schedule T-1R or Rate Schedule T-1B Service Agreement. Procedures
regarding notice, billing and crediting of accounts as concerns payment
obligations/liabilities of Replacement Shippers and Releasing Shippers
are set forth in Subsection 3.2 of Rate Schedule T-1R, Subsection 3.2 of
Rate Schedule T-1B, and Section 6 of the General Terms and Conditions.
Article 5 - Agreed Maximum Receipt Quantity
Shipper shall not nominate firm gas transportation service above the
Agreed Maximum Receipt Quantity (AMRQ).
Article 6 - Term
This Capacity Release Agreement shall be in full force and effect until
Shipper's Service Agreement is terminated.