Garden Banks Gas Pipeline, LLC

Original Volume No. 1

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Effective Date: 11/01/1999, Docket: RP00- 19-000, Status: Effective

Original Sheet No.312 Original Sheet No.312 : Effective

 

FORM OF NGL BANK AGREEMENT

 

ARTICLE V

SETTLEMENTS

Cont'd

 

5.5 Legal Action. Administrator shall, as to any and all

shippers owing sums to the NGL Bank, make all reasonable efforts,

including, but not limited to the institution of legal action or

proceedings to collect sums due the NGL Bank. If Administrator

initiates legal action or proceedings to enforce the obligations

of Shipper owing sums to the NGL Bank and prevails in any such

action or proceedings, then in addition to any remedies awarded

to Administrator, Administrator shall be entitled to

reimbursement by such Shipper of costs and expenses (including,

without limitation, reasonable attorney's fees and expenses,

court costs and filing fees) incurred in bringing such action or

proceeding. If Administrator undertakes to enforce the

obligations of any third party shipper with respect to the NGL

Bank, whether pursuant to the initiation of legal action or

proceedings or otherwise, Shipper agrees to reimburse

Administrator, within ten (10) days after Shipper's receipt of

Administrator's invoice therefor, for Shipper's proportionate

share of all costs and expenses (including attorney's fees and

expenses, court costs, and filing fees) incurred by Administrator

in the enforcement of the obligations of such third party shipper

with respect to the NGL Bank, such proportionate share being

equal to a fraction, the numerator of which is one (1) and the

denominator of which is the total number of shippers

participating in the NGL Bank which are not then in Default (as

hereinafter defined) under their respective NGL Bank Agreements

with Administrator. To the extent that Administrator is

successful in enforcing the obligations of such third party

shipper with respect to the NGL Bank, Administrator shall

reimburse Shipper for Shipper's proportionate share (determined

as provided in the preceding sentence of this Section 5.5) of any

recovery received by Administrator for the costs and expenses

(including, without limitation, attorney's fees and expenses,

court costs, and filing fees) incurred by Administrator in

connection with the enforcement of such obligations.