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.