Dauphin Island Gathering Partners

Original Volume No. 1

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Effective Date: 12/23/1997, Docket: RP98- 17-000, Status: Effective

Substitute Original Sheet No. 198 Substitute Original Sheet No. 198 : Effective

Superseding: Original Sheet No. 198

informational purposes only. In all other

situations, the prearranged Acquiring Shipper's bid

shall constitute the minimum bid price for all other

bidders, and shall be posted on the Releasing

Shipper's Offer as such. If Transporter does not

receive a better bid(s) meeting the essential terms

of Releasing Shipper's Offer by the end of the

posting period, the prearranged Acquiring Shipper's

bid shall be deemed the best bid. If Transporter

does receive a better bid meeting the essential

terms of Releasing Shipper's Offer by the end of the

posting period, the prearranged Acquiring Shipper

shall have the right to match the terms of the

better bid, provided the prearranged Acquiring

Shipper gives notice to Transporter pursuant to

Section 19.9 that it will match the essential terms

of the better bid. If the prearranged Acquiring

Shipper's bid matches the better bid, the

prearranged Acquiring Shipper shall be deemed to

have made the best bid.

 

"Essential terms" for all purposes of Section 19.6

for bids or for the matching of any bid shall be

determined solely by the Releasing Shipper

consistent with the terms posted by the Releasing

Shipper for such bids or the matching of any such

bid. In the event of a dispute with respect to

whether a bid has met the essential terms posted by

Releasing Shipper or whether prearranged Acquiring

Shipper has matched a bid, Transporter shall bear no

liability. Where a dispute arises with respect to a

bid or a matching of a bid by a prearranged

Acquiring Shipper, Transporter shall not be

obligated to provide services with respect to any

capacity to be released pursuant to the Releasing

Shipper's Offer to any party having submitted a bid

or having attempted to match a bid until such

dispute has been fully resolved. In this case the

Releasing Shipper shall remain liable to Transporter

for all obligations under its transportation

agreements including those associated with the

capacity the Releasing Shipper sought to release to

the prearranged Acquiring Shipper until the dispute

is, in the judgment of the Transporter, resolved.