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. 297 First Revised Sheet No. 297 : Effective

Superseding: Substitute Original Sheet No. 297

14.2 Any person which shall succeed by purchase, merger, or

consolidation to the properties, substantially as an

entirety, of Shipper or to Transporter's DI Facility, shall

be entitled to the rights and shall be subject to the

obligations of its predecessor in interest under this

Agreement.

 

ARTICLE XV

 

MISCELLANEOUS

 

15.1 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL

BE IN ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE

STATE OF TEXAS, WITHOUT REGARD TO THE DOCTRINES GOVERNING

CHOICE OF LAW.

 

15.2 If any provision of this Agreement is declared null and

void, or voidable, by a court of competent jurisdiction,

then that provision will be considered severable at either

Party's option; and if the severability option is

exercised, the remaining provisions of the Agreement shall

remain in full force and effect.

 

15.3 Unless otherwise expressly provided in this Agreement or

Transporter's FERC Gas Tariff, no modification of or

supplement to the terms and provisions stated in this

Agreement shall be or become effective unless agreed by the

Parties in writing.

 

15.4 Exhibits "A", "B" and "C" attached hereto are incorporated

herein by reference and made a part hereof for all

purposes.

 

15.5 Shipper shall retain title to the entire gas stream Shipper

delivers to Transporter, including liquid hydrocarbons

recovered from Shipper's gas by Transporter using

conventional gravity separation facilities during

transportation. Shipper hereby reserves the right at any

time and from time to time to process the gas delivered to

Transporter hereunder for the extraction of substances

contained therein, including but not limited to, liquid

hydrocarbons, liquefiable hydrocarbons and constituent

elements (e.g., sulfur, carbon dioxide, nitrogen, helium).

Transporter may process or have processed Shipper's gas

during any time the owner of the processing rights

associated with such gas is not processing or having such

gas processed, and when a processing plant is not

processing such gas for the account of the processing plant

under the terms of the processing agreement between the

owner of such processing rights and such processing plant,

and Shipper hereby conveys such processing rights to

Transporter as is required by Transporter in order to

implement this sentence. In the event Transporter

processes or has processed Shipper's gas, Transporter shall

keep Shipper whole on a thermally equivalent basis for any

reduction in heating value due to such processing. Any

costs associated with Shipper exercising its processing