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).