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. 423 Original Sheet No. 423 : Effective
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 gas dedicated under this Agreement a daily quantity of gas equal to the largest
daily quantity of Shipper's production from the Dedicated Lease(s) which Shipper duly
tendered, according to gas deliverability tests, and which failed to flow into Transporter's
DI 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.]
ARTICLE III
TRANSPORTATION
3.1 Shipper may request that its production from the Dedicated Lease(s) be transported under
Rate Schedules FT-1 (DI), FT-2 (DI) or IT-1 (DI), in accordance with the provisions of
the applicable Rate Schedule.
3.2 Transporter agrees to accept and process Shipper's Requests for Service under Section
3.1 in accordance with the provisions of the applicable Rate Schedules. Transporter's
obligation to transport Shipper's production from the Dedicated Lease(s) is limited to the
Maximum Daily Quantity for each Path provided under Shipper's FT-2 (DI)
Transportation Service Agreement, including any reduction of the Maximum Daily
Quantity by Shipper as provided in the FT-2(DI) Rate Schedule; Transporter makes no
representation that it has or will have capacity to transport Shipper's production from the
Dedicated Lease(s) in excess of such Maximum Daily Quantity. In the event of
insufficient capacity, Shipper's sole and exclusive remedy shall be as specified in
Sections 2.4 and 2.5 above.
3.3 Transporter shall have no obligation to build or install new facilities to provide
transportation service for production from Dedicated Lease(s).