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. 422 Original Sheet No. 422 : Effective
(2) Transporter Inability under Subsection 2.4(b) for more than ninety (90)
days during any rolling twelve month period or for more than sixty (60)
consecutive days, Shipper may request in writing from Transporter a
prospective permanent release of the Affected Quantities from the
obligations under Section 2.1. Transporter shall have six (6) months
from the date of receipt of Shipper's release request to commence
action and proceed with reasonable commercial efforts, including
without limitation the installation of facilities, to enable Transporter to
receive the Affected Quantities from Shipper. To that end, within three
(3) months following Shipper's release request, Transporter shall
review with Shipper the steps or actions Transporter is taking, or
proposes to take, to enable Transporter to receive the Affected
Quantities from Shipper. If at the end of said six (6) month period or
any time thereafter, Transporter has not commenced action and/or
proceeded with reasonable commercial efforts to take action to receive
the Affected Quantities from Shipper, Shipper may notify Transporter
in writing of Shipper's election to implement the permanent release of
the obligations under Section 2.1 with respect to the Affected
Quantities. In such event, Transporter will release the Affected
Quantities from the obligations under Section 2.1.]
or [if the second alternative of Section 2.4 is used, the second alternative of Section 2.5
must be used]
2.5 [Permanent Release
In the event, and to the extent that quantities of Shipper's production from the Dedicated
Lease(s) fails, for reasons other than force majeure, to flow into Transporter's DI 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 DI 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