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. 406 Original Sheet No. 406 : Effective

 

 

(e) The right to form or participate in the formation of any unit or units, including,

but not limited to, any field-wide unit or units, and thereafter to increase or

decrease the size of any unit or units so formed; provided, however, that unless

otherwise provided herein, this Agreement shall apply to production from such

unit or units to the extent such production may be allocated to that portion of the

Dedicated Lease(s) included within such unit or units.

 

2.4 [Temporary Release

 

(a) Shipper shall be released from its obligations under Section 2.1 with respect to

any quantities of Shipper's MPS Excess Quantity in excess of the capacity

available on Transporter's MP Facility (i) under Shipper's existing

Transportation Service Agreement(s), (ii) under Rate Schedule IT-1 (MP) and

(iii) for commitment to other firm service (collectively referred to herein as

"Excess Deliverability"). Excess Deliverability shall not include Shipper's MPS

Excess Quantity which is transported through Transporter's MP Facility under

another shipper's Transportation Service Agreement under Rate Schedules FT-1

(MP), FT-2 (MP), FT-3 (MP), or IT-1 (MP). In the event of Excess

Deliverability, Shipper shall be released from its obligations under Section 2.1

with respect to the Affected Quantities pursuant to the provisions of Subsection

2.4(d).

 

(b) Shipper shall be released from its obligations under Section 2.1 with respect to

any quantities of Shipper's MPS Excess Quantity up to the MDQ for the

applicable Path under Shipper's existing FT-3 (MP) Transportation Service

Agreement that Transporter is unable, due to the fault of Transporter, to accept

for transportation (referred to herein as "Transporter Inability"). Transporter

Inability shall not include the inability or refusal of an upstream or downstream

gatherer and/or transporter to accept Shipper's MPS Excess Quantity. In the

event of Transporter Inability, Shipper shall be released from its obligations

under Section 2.1 with respect to the Affected Quantities pursuant to the

provisions of Subsection 2.4(d).