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).