Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 01/19/2009, Docket: RP09-182-000, Status: Effective

Third Revised Sheet No. 218 Third Revised Sheet No. 218

Superseding: Second Revised Sheet No. 218

 

(xvi) a nondiscriminatory tie breaker to be utilized in

determining the "best bid" in the event two or more

bids generate the same results.

 

The tie breaker shall be objective and nondiscriminatory,

and must be able to be applied by Transporter.

 

(d) Prearranged Release: A Releasing Shipper must identify in

its Offer any prearranged Acquiring Shipper. Such Acquiring

Shipper must meet all of the requirements established for

bidders pursuant to Subsection 19.6(e) and the prearranged

Acquiring Shipper shall submit its bid in accordance with

Subsections 19.6(f) and (g). The prearranged Acquiring

Shipper's bid shall constitute the minimum bid price for all

other bidders, and shall be posted on the Releasing

Shipper's Offer as such. If Transporter does not receive

better bid(s) meeting the essential terms of Releasing

Shipper's Offer by the end of the posting period, the

prearranged Acquiring Shipper's bid shall be deemed the best

bid. If Transporter does receive a better bid meeting the

essential terms of Releasing Shipper's Offer by the end of

the posting period, the prearranged Acquiring Shipper shall

have the right to match the terms of the better bid,

provided the prearranged Acquiring Shipper gives notice to

Transporter pursuant to Section 19.9 that it will match the

essential terms of the better bid. If the prearranged

Acquiring Shipper's bid matches the better bid, the

prearranged Acquiring Shipper shall be deemed to have made

the best bid.