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. 147 Original Sheet No. 147 : Effective
(c) If an incident of Force Majeure claimed by Transporter prevents Transporter
from performing transportation service for Shippers under existing
Transportation Service Agreements under Rate Schedules FT-1 (MP), FT-1
(DI), FT-2 (MP), FT-2 (DI) and FT-3 (MP), then to the degree such service is
not available for those Shippers' use, no reservation charge will be collected by
Transporter for the degree of service not available to those Shippers.
(d) If an incident of Force Majeure claimed by Shipper prevents Shipper from either
tendering gas quantities to Transporter at the Receipt Point(s) or receiving gas
quantities at the Delivery Point(s) up to Shippers' MDQ under FT-1 (MP), FT-1
(DI), FT-2 (MP), FT-2 (DI) or FT-3 (MP) Transportation Service Agreement(s),
Shipper shall continue to pay reservation charge to Transporter.
Gas delivered by Transporter will be delivered in its natural state without the addition of
any odorizing agent; however, Transporter does not by such delivery assume any
obligation for damages, claims or liabilities by reason of the fact that it has not odorized
such gas prior to its delivery.
Transporter will add odorizing agents to gas delivered by it where required by law;
however, Transporter does not by such odorization assume any obligations for damages,
claims or liabilities by reason of the fact that it has or has not odorized such gas prior to
its delivery, nor does Transporter warrant the delivery of odorized gas.
Shipper does not indemnify or hold harmless Transporter for any loss, claims or
damages, including incidental, consequential, punitive or special damages, which may
arise by failure of Transporter to odorize or not odorize the gas transported pursuant to
any Transportation Service Agreement or otherwise.