Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 01/01/2010, Docket: RP10-492-001, Status: Effective
Original Sheet No. 150A Original Sheet No. 150A
GENERAL TERMS AND CONDITIONS
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(b) As used in this Section 10.14, Firm Daily Quantity
shall mean the quantity of Gas nominated for firm service by Shipper
that Trailblazer is obligated to schedule for delivery on a firm
basis for Shipper at Primary Delivery Point(s) under a firm contract
on a Day.
(c) Except as provided in Section 10.14(d) below, in
the event Trailblazer fails to confirm Nominations on any Day under
any firm contract, then the applicable Reservation Charges shall be
credited for the quantity of Gas nominated but not scheduled for
delivery by Trailblazer at Primary Delivery Points within the
Shipper's Firm Daily Quantity under the contract; provided, however,
that these charges shall not be credited to the extent Shipper uses
secondary point service.
(d) Trailblazer shall not be obligated to adjust the
Reservation Charge under any contract pursuant to this Section 10.14,
when Trailblazer's failure to confirm Nominations on any Day equal to
the Firm Daily Quantity:
(1) is the result of the conduct of Shipper or the
upstream or downstream operator of the facilities at the Receipt or
Delivery Point respectively; or
(2) occurs either (a) within ten (10) Days
following a force majeure event as contemplated by Section 25.1 of
these General Terms and Conditions, or (b) prior to the date
Trailblazer has or should have, in the exercise of due diligence,
overcome the force majeure event, whichever occurs first.
(e) Any adjustment shall be credited against
transportation charges for a future Month or refunded if the contract
has terminated. In no event shall such credit be provided to
Shippers later than ninety (90) Days after the Month in which the
credit was earned. Nothing in this Section should be interpreted to
insulate Trailblazer from liability for direct damages resulting from
its own negligence or malfeasance.