Trailblazer Pipeline Company

Fourth Revised Volume No. 1

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Effective Date: 12/28/2007, Docket: RP08-168-000, Status: Effective

Original Sheet No. 220 Original Sheet No. 220 : Effective

 

GENERAL TERMS AND CONDITIONS

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retain; provided, however, that if the original Shipper seeks to retain

only a portion of its MDQ, the analysis of whether the original Shipper

has matched the best bid may take into account the MDQ requested under

the best bid relative to the MDQ the original Shipper seeks to retain.

The original Shipper may provide a counteroffer which contains either a

higher price than the best bid or a longer term than the best bid to

offset a shorter term or a lower price than that offered in the best

bid. Trailblazer shall determine whether such a counteroffer

constitutes a match, utilizing the same criteria as were applied to

determine the best bid.

 

(e) (1) If the original Shipper matches the best bid, it

shall be entitled to continuation of service and shall be obligated to

sign an Agreement tendered by Trailblazer which reflects the best bid

or any counteroffer by the original Shipper which matches such best

bid.

 

(2) If the existing Shipper fails to match the best

bid, the existing Agreement shall terminate at the end of its term and

service to the existing Shipper shall be automatically abandoned.

 

(3) Submission of a bid shall be binding on the

bidder. The bidder submitting the best bid shall be obligated to sign

an Agreement reflecting its bid if the original Shipper fails to match.

Nothing herein shall preclude negotiation of a more acceptable

Agreement by mutual consent of Trailblazer and such bidder; provided,

however, that service may not be agreed upon under terms and conditions

less favorable to Trailblazer than the best bid without providing the

original Shipper an additional opportunity to match such revised terms

and conditions.

 

(f) In the absence of a qualified bid, Trailblazer shall

notify Shipper of the rate (within applicable maximums and minimums)

and the term shall be negotiated between Trailblazer and the Shipper.

No discount or other special terms shall apply to a rollover Agreement

unless Trailblazer and Shipper mutually agree. If no agreement is

reached prior to the end of the two (2) week period following

Trailblazer's notice to Shipper, Shipper may, at that time, require

that Trailblazer enter into an Agreement to provide service at the

applicable maximum rate for a term specified by Shipper and running

from the date the existing Agreement expires. Unless Shipper so elects

at the end of the two (2) week period following Trailblazer's notice to

Shipper, Trailblazer may negotiate with any Shipper, with the original

Shipper having no further rights under this Section 22 and service

under the existing Agreement shall be terminated and automatically

abandoned at the expiration thereof.