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.