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. 342 First Revised Sheet No. 342 : Effective

Superseding: Original Sheet No. 342

or [if the second alternative of Section 2.4 is used, the

second alternative of Section 2.5 must be used]

 

2.5 [Permanent Release

 

In the event, and to the extent that quantities of

Shipper's production from the Dedicated Lease(s) fails, for

reasons other than force majeure, to flow into

Transporter's MP Facility or to be delivered by Transporter

to or for Shipper's account at the Delivery Point(s) over

any period of sixty (60) consecutive days, then upon prior

written notice from Shipper to Transporter, and if such

failure is insufficient capacity on Transporter's MP

Facility, Transporter shall prepare and submit to Shipper,

within thirty (30) days of receipt of Shipper's written

notice, a plan ("Capacity Plan") to restore such capacity.

If Shipper accepts such Capacity Plan, Transporter shall

promptly commence to perform such work as is required to

carry out the Capacity Plan with reasonable dispatch,

subject to the receipt of necessary regulatory approvals.

If Shipper rejects such Capacity Plan, Shipper will propose

an alternative Capacity Plan to Transporter for

consideration and response by Transporter within fifteen

(15) days after Transporter receives Shipper's alternative

Capacity Plan. In the event Shipper and Transporter fail

to reach agreement as to a Capacity Plan within fifteen

(15) days after Transporter receives Shipper's alternative

Capacity Plan, then Shipper may elect at any time

thereafter to have permanently released from the gas

dedicated under this Agreement a daily quantity of gas

equal to the largest daily quantity of Shipper's production

from the Dedicated Lease(s) which Shipper duly tendered,

according to gas deliverability tests, and which failed to

flow into Transporter's MP Facility or to be delivered by

Transporter to or for Shipper's account at the Delivery

Point(s) during the foregoing sixty (60) consecutive day

period. For allocation and scheduling purposes of gas

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

gas permanently released pursuant to this Section 2.5 shall

be considered to be the first gas produced on any day.]

 

ARTICLE III

 

TRANSPORTATION

 

3.1 Shipper may request that its production from the Dedicated

Lease(s) be transported under Rate Schedules FT-1 (MP),

FT-2 (MP) or IT-1 (MP), in accordance with the provisions

of the applicable Rate Schedule.