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. 341 Substitute Original Sheet No. 341 : Effective

Superseding: Original Sheet No. 341

2.4 [Temporary Release

 

If, for any reason, Transporter fails to receive quantities

of Shipper's production from the Dedicated Lease(s) at a

flow rate equal to Shipper's MDQ for all Paths under the

applicable Transportation Service Agreement(s), such

quantities not received shall, upon prior written notice by

Shipper, be temporarily released on a month to month basis,

until Transporter fully remedies such failure and can

receive quantities of Shipper's production from the

Dedicated Lease(s) at a flow rate equal to Shipper's MDQ

for all such Paths. For allocation and scheduling purposes

of gas production from the Dedicated Lease(s), all

quantities of gas temporarily released pursuant to this

Section 2.4 shall be considered to be produced immediately

after any gas permanently released pursuant to Section

2.5.]

 

2.5 [Permanent Release

 

In the event of:

 

(1) Excess Deliverability under Subsection 2.4(a)

for more than 180 consecutive days; or,

 

(2) Transporter Inability under Subsection 2.4(b)

for more than ninety (90) days during any

rolling twelve month period or for more than

sixty (60) consecutive days, Shipper may

request in writing from Transporter a

prospective permanent release of the Affected

Quantities from the obligations under Section

2.1. Transporter shall have six (6) months

from the date of receipt of Shipper's release

request to commence action and proceed with

reasonable commercial efforts, including

without limitation the installation of

facilities, to enable Transporter to receive

the Affected Quantities from Shipper. To that

end, within three (3) months following

Shipper's release request, Transporter shall

review with Shipper the steps or actions

Transporter is taking, or proposes to take, to

enable Transporter to receive the Affected

Quantities from Shipper. If at the end of

said six (6) month period or any time

thereafter, Transporter has not commenced

action and/or proceeded with reasonable

commercial efforts to take action to receive

the Affected Quantities from Shipper, Shipper

may notify Transporter in writing of Shipper's

election to implement the permanent release of

the obligations under Section 2.1 with respect

to the Affected Quantities. In such event,

Transporter will release the Affected

Quantities from the obligations under Section

2.1.]