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. 351 Substitute Original Sheet No. 351 : Effective

Superseding: Original Sheet No. 351

(b) Shipper shall be released from its obligations under

Section 2.1 with respect to any quantities of

Shipper's MPS Excess Quantity up to the MDQ for the

applicable Path under Shipper's existing FT-3 (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 MPS Excess Quantity. 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

MPS Excess Quantity 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 MPS Excess 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 MPS Excess

Quantity tendered by Shipper.]

or

2.4 [Temporary Release

If, for any reason, Transporter fails to receive MPS Excess

Quantity at a flow rate equal to Shipper's MDQ for all

Paths under the applicable Transportation Service

Agreement(s), the MPS Excess Quantity not received shall,

upon prior written notice by Shipper, be temporarily

released on