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. 352 Substitute Original Sheet No. 352 : Effective
Superseding: Original Sheet No. 352
a month to month basis, until Transporter fully remedies
such failure and can receive MPS Excess Quantity 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.]
or [if the second alternative of Section 2.4 is used, the
second alternative of Section 2.5 must be used]