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

default.

 

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

Agreement.