Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: CP97-300-002, Status: Effective

Original Sheet No. 135 Original Sheet No. 135 : Effective

 

7. CONTROL/FORCE MAJEURE

 

7.1 Control of Gas:

 

For the purpose of determining the liability of Transporter

and Shipper, respectively, Shipper shall be deemed to be in

exclusive control and possession of the gas to be

transported (i) until such gas has been actually received

by Transporter at the Receipt Point, and (ii) after the gas

has been delivered to or for the account of Shipper

hereunder by Transporter at the Delivery Point.

Transporter shall be deemed to be in exclusive control and

possession of the gas transported hereunder after it is

delivered to Transporter at the Receipt Point and until it

is redelivered to Shipper at the Delivery Point.

 

7.2 Responsibility and Liability:

 

The party deemed to be in control and possession of the gas

to be transported shall be responsible for and shall

indemnify the other party with respect to any losses,

claims, liabilities, damages and expenses, including court

costs and reasonable attorney's fees (except punitive,

incidental, consequential or special damages), arising

therefrom except to the extent such losses, claims,

liabilities and expenses arise from the other party's sole,

joint, or concurrent negligence, or gross negligence, or

intentional or willful misconduct.

 

7.3 Force Majeure:

 

(a) In the event of either Transporter or Shipper being

rendered unable, wholly or in part, by Force Majeure

to carry out its obligations under the

Transportation Service Agreement, other than the

obligation to make payments due thereunder

(including the payment of any applicable reservation

charges) it is agreed that, on such party giving

notice and full particulars of such Force Majeure in

writing or by telephone (followed by written

confirmation) or by facsimile transmission to the

other party as soon as reasonably possible after the

occurrence of the cause relied on, the obligations

of the party giving such notice (other than the

obligation to make payments due, including the

payment of any applicable reservation charges), so

far as they are affected by such Force Majeure,

shall be excused during the continuance of any

inability so caused but for no longer period; and

such cause shall as far as possible be remedied with

all reasonable dispatch.