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.]