Trailblazer Pipeline Company
Third Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: RS92- 85-005, Status: Effective
Substitute Original Sheet No. 171 Substitute Original Sheet No. 171 : Superseded
GENERAL TERMS AND CONDITIONS
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DART system. In the event of an error, the capacity shall be
reawarded by Trailblazer. As between Trailblazer and the Releasing
Shipper, the Releasing Shipper shall indemnify and hold Trailblazer
harmless as to any costs, damages or expenses relating to the bid
evaluation procedure for which timely notice of an error was not
provided to Trailblazer by the Releasing Shipper hereunder.
Trailblazer shall correct an error in a timely fashion after
receiving notice of such error from the Releasing Shipper or another
person.
(b) In the event that a winning Qualified Bid was
subject to a contingency which was not satisfied on or before the
date stated in the Qualified Bid, then the capacity award subject to
such winning Qualified Bid shall be null and void and the capacity
associated with such Qualified Bid shall remain with the Releasing
Shipper. Upon request by the Releasing Shipper within two business
days thereafter, Trailblazer shall identify to the Releasing Shipper
the Qualified Bidder(s) with the next-highest total Bid Value for
the capacity which was subject to such contingent Qualified Bid
pursuant to the provisions of the relevant bid evaluation procedure.
It shall be the responsibility of the Releasing Shipper and such
Qualified Bidder(s) to determine whether or not to enter into a
subsequent Prearranged Release to effect such a release.
19.13 BILLING
Trailblazer shall bill the Replacement Shippers and the
Subreplacement Shippers the rate(s) specified in the Released Firm
Transportation Agreements and any other applicable charges and each
such Replacement Shipper and Subreplacement Shipper shall pay the
billed amounts directly to Trailblazer. Trailblazer shall have the
right to discount the commodity rates under the Released Firm
Transportation Agreement. A Releasing Shipper shall be billed the
reservation charge associated with the entire amount of released
capacity pursuant to its contract rate, which includes all
non-commodity based charges under Trailblazer's Tariff for such
released capacity including but not limited to additional
direct-bill charges, with a concurrent conditional credit for
payment of the reservation charge due from the Replacement or
Subreplacement Shipper(s), as applicable, which received the
released capacity. A Releasing Shipper shall also be billed a
marketing fee, if applicable, pursuant to the provisions of
Section 20 of these General Terms and Conditions. As to any
capacity released by a Releasing Shipper, the Releasing Shipper
shall not be billed or be responsible for: (a) commodity charges;