Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 02/22/2009, Docket: RP09-236-000, Status: Effective
First Revised Sheet No. 208 First Revised Sheet No. 208
Superseding: Original Sheet No. 208
GENERAL TERMS AND CONDITIONS
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(c) If a Replacement Shipper or Subreplacement
Shipper does not make payment to Trailblazer of the reservation
portion of the charges due as set forth in its Released Firm
Transportation Agreement, Trailblazer shall bill the Releasing
Shipper(s) from whom such Replacement or Subreplacement Shipper
received the capacity for the amount(s) due, including all
applicable late charges authorized by Trailblazer's Tariff, and
such amount shall be paid by such Releasing Shipper within ten
(10) days of the receipt of such billing, or interest shall
continue to accrue. In the event that the Replacement or
Subreplacement Shipper has not paid such amount(s) due by the end
of such ten (10) day period, then: (1) the Releasing Shipper has
the right to recall the capacity; and (2) Trailblazer's rights
against the delinquent Replacement/Subreplacement Shipper shall
be subrogated to the related rights of the Releasing Shipper.
Trailblazer shall make a reasonable effort to collect from the
Replacement/Subreplacement Shipper the amount(s) due. Such
reasonable effort shall not include incurring costs from outside
attorneys, collection agents or other third parties.
(d) All payments received from a Replacement or
Subreplacement Shipper shall first be applied to reservation
charges, then to late charges on reservation charges, then to
scheduling charges and cashout amounts, then to late charges not
on the reservation charges, and then last to commodity-based
charges. Except as may be otherwise provided pursuant to Section
38 of these General Terms and Conditions, payments by Replacement
or Subreplacement Shippers in excess of the total amount(s) due
for the Released Firm Transportation Agreement capacity shall be
a credit applied to any outstanding balance owed under any
contract with Trailblazer, or a refund if requested in writing
and no such outstanding balance exists.
(e) REFUNDS DUE UNDER RELEASES GREATER THAN ONE (1)
YEAR
If Trailblazer is obligated to refund any amounts
attributable to reservation charges for capacity which has been
released, Trailblazer shall make the applicable refund to the
Replacement Shipper to the extent that Trailblazer has actually
received reservation charge amounts from the Replacement Shipper
in excess of the amounts assessable under the revised maximum
reservation charge rates (which amounts are credited to the
account of the Releasing Shipper under Section 19.13(d) above).