Dauphin Island Gathering Partners

First Revised Volume No. 1

Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective

Original Sheet No. 368 Original Sheet No. 368 : Effective

ARTICLE V

BILLINGS AND PAYMENTS

5.1 Acquiring Shipper shall pay Transporter monthly for the transportation services rendered

hereunder the Reservation Charge specified in the Addendum attached hereto and all

other charges and penalties as specified or assessed under Rate Schedule FT-1 (MP), FT-

2 (MP) or FT-3 (MP), and the General Terms and Conditions of Transporter's FERC Gas

Tariff.

5.2 Acquiring Shipper agrees that Transporter shall have the unilateral right to file with the

appropriate regulatory authority and make effective changes in (a) the rates and charges

applicable to service pursuant to Transporter's Rate Schedule FT-1 (MP), FT-2 (MP)and

FT-3 (MP), (b) the Rate Schedule pursuant to which service hereunder is rendered, or (c)

any provision of the General Terms and Conditions applicable to those Rate Schedules.

Transporter agrees that Acquiring Shipper may protest or contest the aforementioned

filings, or may seek authorization from duly constituted regulatory authorities for such

adjustment of Transporter's existing FERC Gas Tariff as may be found necessary to

assure Transporter just and reasonable rates.

ARTICLE VI

MISCELLANEOUS

6.1 This Agreement constitutes the entire Agreement between the Parties and no waiver by

either Party of any default under this Agreement shall operate as a waiver of any

subsequent default whether of a like or different character.

6.2 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL

BE IN ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE

OF TEXAS, WITHOUT REGARD TO THE DOCTRINES GOVERNING CHOICE OF

LAW.

6.3 Except for the Addendum generated by Acquiring Shipper's successful bids for released

capacity, no modification of or supplement to the terms and provisions hereof shall be or

become effective except by execution of a supplementary written agreement between the

Parties.