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. 409 Original Sheet No. 409 : Effective

 

 

2.5 [Permanent Release

 

In the event, and to the extent that MPS Excess Quantity fails, for reasons other than

force majeure, to flow into Transporter's MP Facility or to be delivered by Transporter to

or for Shipper's account at the Delivery Point(s) over any period of sixty (60) consecutive

days, then upon prior written notice from Shipper to Transporter, and if such failure is

insufficient capacity on Transporter's MP Facility, Transporter shall prepare and submit

to Shipper, within thirty (30) days of receipt of Shipper's written notice, a plan

("Capacity Plan") to restore such capacity. If Shipper accepts such Capacity Plan,

Transporter shall promptly commence to perform such work as is required to carry out

the Capacity Plan with reasonable dispatch, subject to the receipt of necessary regulatory

approvals. If Shipper rejects such Capacity Plan, Shipper will propose an alternative

Capacity Plan to Transporter for consideration and response by Transporter within fifteen

(15) days after Transporter receives Shipper's alternative Capacity Plan. In the event

Shipper and Transporter fail to reach agreement as to a Capacity Plan within fifteen (15)

days after Transporter receives Shipper's alternative Capacity Plan, then Shipper may

elect at any time thereafter to have permanently released from the MPS Excess Quantity a

daily quantity of gas equal to the largest daily quantity of MPS Excess Quantity which

Shipper duly tendered, according to gas deliverability tests, and which failed to flow into

Transporter's MP Facility or to be delivered by Transporter to or for Shipper's account at

the Delivery Point(s) during the foregoing sixty (60) consecutive day period. For

allocation and scheduling purposes of gas production from the Dedicated Lease(s), all

quantities of gas permanently released pursuant to this Section 2.5 shall be considered to

be the first gas produced on any day.]