Dauphin Island Gathering Partners
First Revised Volume No. 1
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Effective Date: 01/20/2005, Docket: RP05-131-000, Status: Effective
First Revised Sheet No. 264 First Revised Sheet No. 264 : Effective
Superseding: Original Sheet No. 264
regulatory approvals or authorizations upon terms acceptable to
Transporter. This Agreement shall be void and of no force and
effect if any necessary regulatory approval is not so obtained or
continued. All Parties hereto shall cooperate to obtain or
continue all necessary approvals or authorizations, but no Party
shall be liable to any other Party for failure to obtain or
continue such approvals or authorizations.
9.2 The transportation service described herein shall be provided
subject to Subpart G, Part 284 of the FERC Regulations.
ARTICLE X
RESPONSIBILITY DURING TRANSPORTATION
Except as herein specified, the responsibility for gas during
transportation shall be as stated in the General Terms and Conditions of
Transporter's FERC Gas Tariff.
ARTICLE XI
WARRANTIES
11.1 In addition to the warranties set forth in the General Terms and
Conditions of Transporter's FERC Gas Tariff, Shipper warrants the
following:
(a) Shipper warrants that all upstream and downstream gathering
and transportation arrangements are in place, or will be in
place as of the requested effective date of service, and
that it has advised the upstream and downstream gatherers
and transporters of the Receipt and Delivery Points under
this Agreement and any quantity limitations for each Point
as specified on Exhibit "A" attached hereto. Shipper agrees
to indemnify, defend and hold Transporter harmless for
refusal to transport gas hereunder in the event any upstream
or downstream gatherer or transporter fails to receive or
deliver gas as contemplated by this Agreement.
(b) Shipper agrees to indemnify, defend and hold Transporter
harmless from all suits, actions, debts, accounts, damages,
costs, losses and expense (including reasonable attorneys
fees) arising from or out of breach of any warranty by
Shipper herein.
11.2 Transporter shall not be obligated to provide or continue service
hereunder in the event of any breach of warranty.