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. 340 Original Sheet No. 340 : Effective

 

(b) Shipper shall be released from its obligations under

Section 2.1 with respect to any quantities of

Shipper's production from the Dedicated Lease(s) up

to the MDQ for the applicable Path under Shipper's

existing FT-2 (MP) Transportation Service Agreement

that Transporter is unable, due to the fault of

Transporter, to accept for transportation (referred

to herein as "Transporter Inability"). Transporter

Inability shall not include the inability or refusal

of an upstream or downstream gatherer and/or

transporter to accept Shipper's production from the

Dedicated Lease(s). In the event of Transporter

Inability, Shipper shall be released from its

obligations under Section 2.1 with respect to the

Affected Quantities pursuant to the provisions of

Subsection 2.4(d).

 

(c) For purposes of Sections 2.4 and 2.5, Affected

Quantities shall mean those quantities of Shipper's

production from the Dedicated Lease(s) in excess of

the combined quantities that Transporter could

transport, on a firm or interruptible basis, for

Shipper on Transporter's MP Facility. The Affected

Quantities shall be deemed to be the last quantities

produced, so that any release under Section 2.4 or

2.5 is applicable only to the daily production

quantity in excess of the quantity that Transporter

is able to accept into Transporter's MP Facility on

a given day.

 

(d) Shipper and Transporter shall discuss the cause and

anticipated duration of any Transporter Inability or

Excess Deliverability. Shipper will limit any

commitment it makes to third parties to deliver the

Affected Quantities released under this Section 2.4

for a period to coincide with the anticipated

duration of the Transporter Inability or Excess

Deliverability; provided that in no event will the

Affected Quantities be returned for transportation

under a FT-1 (MP), FT-2 (MP), FT-3 (MP), or IT-1

(MP) Transportation Service Agreement later than the

first day of the calendar month following sixty (60)

days after receipt by Shipper of Transporter's

notice that it is able to accept all quantities of

Shipper's production from the Dedicated Lease(s)

tendered by Shipper.]

 

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