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. 280 Original Sheet No. 280 : Effective

 

 

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.

 

ARTICLE XII

 

TERM

 

12.1 This Agreement shall be effective ________________ or on the date of first flow,

whichever occurs first, and shall remain in force and effect for the economic life of the

Dedicated Lease(s).

 

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.