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.