Dauphin Island Gathering Partners

First Revised Volume No. 1

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Effective Date: 07/01/2009, Docket: RP09-777-000, Status: Effective

First Revised Sheet No. 265 First Revised Sheet No. 265

Superseding: Original Sheet No. 265

 

ARTICLE XII

 

TERM

 

12.1 This Agreement shall be effective on _____________________ or on

the date of first flow, whichever occurs first, and shall remain in

force and effect until _____________________, 19_____ ("Primary Term")

and on a month to month basis thereafter unless and until terminated by

either Party upon the minimum prior written notice to the other Party as

specified below:

 

Primary Minimum Termination

Term Notice

 

* greater than or equal to

1 month and less than 1 year 5 days

 

* 1 year 30 days

 

* greater than 1 year and less

than or equal to 5 years 45 days

 

* greater than 5 years and less

than or equal to 10 years 60 days

 

* greater than 10 years 90 days

 

12.2 Any portion of this Agreement necessary to resolve imbalances

under this Agreement as required by the General Terms and Conditions of

Transporter's FERC Gas Tariff shall survive the other parts of this

Agreement until such time as such balancing has been accomplished;

provided, however, that Transporter notifies Shipper of such imbalance

no later than twelve months after the termination of this Agreement.

 

12.3 This Agreement shall be subject to termination upon thirty (30)

days prior written notice to Shipper from Transporter in the event

Shipper fails to pay the amount of any bill for service rendered by

Transporter hereunder in accordance with Section 14 of the General Terms

and Conditions of Transporter's FERC Gas Tariff. Such notice of

termination shall be ineffective if Shipper pays and Transporter

receives all amounts then due (other than amounts subject to a good

faith dispute) prior to the effective date of termination.

 

12.4 The indemnification provisions and payment obligations hereof

shall survive such termination relative to all losses, deaths,

injuries, claims, billings, liens, demands and causes of action of

every kind and character, discovered or undiscovered, arising out of,

or in connection with, or as an incident to this Agreement.