Trailblazer Pipeline Company
Fourth Revised Volume No. 1
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Effective Date: 10/11/2009, Docket: RP09-858-001, Status: Effective
Substitute Original Sheet No. 300A Substitute Original Sheet No. 300A
[FOR RATE SCHEDULES FTS, ITS]
Contract No. ......
TRAILBLAZER PIPELINE COMPANY LLC (TRAILBLAZER)
TRANSPORTATION RATE SCHEDULE .............
AGREEMENT DATED ..........................
UNDER SUBPART ........ OF PART 284
OF THE FERC'S REGULATIONS
d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall Trailblazer be
required to refund to Shipper any amounts collected for service to which the
negotiated rates apply, notwithstanding any otherwise applicable maximum or
minimum rate set forth in Trailblazer's FERC Gas Tariff, as may be revised from
time to time.
e. Notifications. Except as otherwise may be expressly provided herein, any notice or
communication contemplated or required by this Agreement shall be in writing
unless oral notification is expressly authorized herein, and shall be sent to the
appropriate party at the relevant address set forth in this Agreement, as may be
revised from time to time.
f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing
to either Trailblazer or Shipper upon breach or default by the other will impair
any right or remedy or be construed to be a waiver of any such breach or default,
nor will a waiver of any single breach be deemed a waiver of any other breach or
g. Succession and Assignment. Any entity which shall succeed by purchase, merger or
consolidation to title to the properties, substantially as an entirety, of
Trailblazer or Shipper as the case may be, shall be entitled to the rights and
shall be subject to the obligations of its predecessor in title under this
Agreement. No other assignment of this Agreement nor of any of the individual
rights or obligations hereunder by Shipper shall be effective as to Trailblazer
without the prior express written consent of Trailblazer.
h. No Third Party Beneficiaries. This Agreement shall not create any rights in any
third parties, and no provision of this Agreement shall be construed as creating
any obligations for the benefit of, or rights in favor of, any person or entity
other than Trailblazer or Shipper.
i. Conformance to Law. It is understood that performance hereunder shall be subject
to all valid laws, orders, rules and regulations of duly constituted governmental
authorities having jurisdiction or control of the matters related hereto,
including without limitation the Federal Energy Regulatory Commission.
j. Effect of Tariff. This Agreement shall at all times be subject to all applicable
provisions of Trailblazer's FERC Gas Tariff.
k. GOVERNING LAW. THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS AGREEMENT
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF .........., EXCLUDING ANY CONFLICT
OF LAW RULE WHICH WOULD REFER ANY MATTER TO THE LAWS OF A JURISDICTION OTHER THAN
THE STATE OF ...........
l. Entire Agreement. This Agreement contains the entire agreement between
Trailblazer and Shipper with respect to the subject matter hereof, and supersedes
any and all prior understandings and agreements, whether oral or written,
concerning the subject matter hereof, and any and all such prior understandings
and agreements are hereby deemed to be void and of no effect. No amendments to or
modifications of this Agreement shall be effective unless agreed upon in a written
instrument executed by Trailblazer and Shipper which expressly refers to this