Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 145 Original Sheet No. 145 : Effective

 

 

7. CONTROL/FORCE MAJEURE

 

7.1 Control of Gas:

 

For the purpose of determining the liability of Transporter and Shipper, respectively,

Shipper shall be deemed to be in exclusive control and possession of the gas to be

transported (i) until such gas has been actually received by Transporter at the Receipt

Point, and (ii) after the gas has been delivered to or for the account of Shipper hereunder

by Transporter at the Delivery Point. Transporter shall be deemed to be in exclusive

control and possession of the gas transported hereunder after it is delivered to Transporter

at the Receipt Point and until it is redelivered to Shipper at the Delivery Point.

 

7.2 Responsibility and Liability:

 

The party deemed to be in control and possession of the gas to be transported shall be

responsible for and shall indemnify the other party with respect to any losses, claims,

liabilities, damages and expenses, including court costs and reasonable attorney's fees

(except punitive, incidental, consequential or special damages), arising therefrom except

to the extent such losses, claims, liabilities and expenses arise from the other party's sole,

joint, or concurrent negligence, or gross negligence, or intentional or willful misconduct.

 

7.3 Force Majeure:

 

(a) In the event of either Transporter or Shipper being rendered unable, wholly or in

part, by Force Majeure to carry out its obligations under the Transportation

Service Agreement, other than the obligation to make payments due thereunder

(including the payment of any applicable reservation charges) it is agreed that,

on such party giving notice and full particulars of such Force Majeure in writing

or by telephone (followed by written confirmation) or by facsimile transmission

to the other party as soon as reasonably possible after the occurrence of the

cause relied on, the obligations of the party giving such notice (other than the

obligation to make payments due, including the payment of any applicable

reservation charges), so far as they are affected by such Force Majeure, shall be

excused during the continuance of any inability so caused but for no longer

period; and such cause shall as far as possible be remedied with all reasonable

dispatch.