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. 286 First Revised Sheet No. 286 : Effective

Superseding: Substitute Original Sheet No. 286

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 until

_____________________, 19_____ ("Primary Term") and on a

month to month basis thereafter unless and until terminated

by either Party upon the minimum prior written notice to

the other Party as specified below:

 

Primary Minimum

Term, Years Termination Notice, Days

 

* 1 30

 

* greater than 1 and less 45

than or equal to 5

 

* greater than 5 and less 60

than or equal to 10

 

* greater than 10 90

 

 

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.

 

12.3 This Agreement shall be subject to termination upon thirty

(30) days prior written notice to Shipper from Transporter

in the event Shipper fails to pay the amount of any bill

for service rendered by Transporter hereunder in accordance

with Section 14 of the General Terms and Conditions of

Transporter's FERC Gas Tariff. Such notice of termination

shall be ineffective if Shipper pays and Transporter

receives all amounts then due (other than amounts subject

to a good faith dispute) prior to the effective date of

termination.

 

12.4 The indemnification provisions and payment obligations

hereof shall survive such termination relative to all

losses, deaths, injuries, claims, billings, liens, demands

and causes of action of every kind and character,

discovered or undiscovered, arising out of, or in

connection with, or as an incident to this Agreement.