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. 238 Original Sheet No. 238 : Effective
GENERAL TERMS AND CONDITIONS
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32. OPERATOR
32.1 DESIGNATION OF OPERATOR
Trailblazer has designated Natural Gas Pipeline
Company of America to be Operator of the System to perform all of
Trailblazer's obligations hereunder. Trailblazer reserves the
right to change the designation of the Operator.
32.2 WAIVER AND INDEMNIFICATION
(a) In the absence of gross negligence, recklessness
or willful misconduct on the part of Operator, its officers,
employees or agents, each Shipper waives any and all claims and
demands against Operator, its officers, employees or agents,
arising out of or in any way connected with: (1) the quality, use
or condition of the gas after delivery from the System for the
account of such Shipper; (2) any losses or shrinkage of gas during
and resulting from transportation hereunder; and (3) all other
claims and demands arising out of the performance of the duties of
Operator, its officers, employees or agents hereunder.
(b) In the absence of gross negligence, recklessness
or willful misconduct on the part of Trailblazer, each Shipper
waives any and all claims and demands against Trailblazer arising
out of or in any way connected with: (1) the quality, use or
condition of the gas after delivery from Trailblazer for the
account of such Shipper; (2) any losses or shrinkage of gas during
and resulting from transportation hereunder; and (3) all other
claims and demands arising out of Trailblazer's performance of its
duties hereunder.
(c) Except in the case of gross negligence,
recklessness or willful misconduct on the part of Operator, its
officers, employees or agents, each Shipper shall indemnify and
save harmless Operator, its officers, employees or agents from any
claim, demand or expense for loss, damage or injury to property or
to persons who are not Shippers of gas in the System which arises
out of or is connected with the performance of the duties of
Operator, its officers, employees or agents hereunder in
transporting gas for any Shipper.