Dauphin Island Gathering Partners
Original Volume No. 1
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Effective Date: 01/10/1999, Docket: RP99-181-000, Status: Effective
First Revised Sheet No. 246 First Revised Sheet No. 246 : Effective
Superseding: Original Sheet No. 246
ARTICLE XI
WARRANTIES
11.1 In addition to the warranties set forth in the General
Terms and Conditions of Transporter's FERC Gas Tariff,
Shipper warrants the following:
(a) Shipper warrants that all upstream and downstream
gathering and transportation arrangements are in
place, or will be in place as of the requested
effective date of service, and that it has advised
the upstream and downstream gatherers and
transporters of the Receipt and Delivery Points
under this Agreement and any quantity limitations
for each Point as specified on Exhibit "A" attached
hereto. Shipper agrees to indemnify, defend and
hold Transporter harmless for refusal to transport
gas hereunder in the event any upstream or
downstream gatherer or transporter fails to receive
or deliver gas as contemplated by this Agreement.
(b) Shipper agrees to indemnify, defend and hold
Transporter harmless from all suits, actions, debts,
accounts, damages, costs, losses and expense
(including reasonable attorneys fees) arising from
or out of breach of any warranty by Shipper herein.
11.2 Transporter shall not be obligated to provide or continue
service hereunder in the event of any breach of warranty.
ARTICLE XII
TERM
12.1 This Agreement shall be effective on ____________________
or on the date of first flow, whichever occurs first, and
shall remain in force and effect for the economic life of
the Dedicated Lease(s).
12.2 Any portion of this Agreement necessary to resolve
imbalances under this Agreement as required by the General
Terms and Conditions of Transporter's FERC Gas Tariff shall
survive the other parts of this Agreement until such time
as such balancing has been accomplished; provided, however,
that Transporter notifies Shipper of such imbalance no
later than twelve months after the termination of this
Agreement.