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.