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Substitute Original Sheet No. 171 Substitute Original Sheet No. 171 : Superseded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;