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. 353 First Revised Sheet No. 353 : Effective

Superseding: Substitute Original Sheet No. 353

2.5 [Permanent Release

 

In the event, and to the extent that MPS Excess Quantity

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 MPS Excess

Quantity a daily quantity of gas equal to the largest daily

quantity of MPS Excess Quantity 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 MPS Excess Quantity be

transported under Rate Schedules FT-1 (MP), FT-3 (MP) or

IT-1 (MP), in accordance with the provisions of the

applicable Rate Schedule.

 

3.2 Transporter agrees to accept and process Shipper's Requests

for Service under Section 3.1 in accordance with the

provisions of the applicable Rate Schedules. Transporter's

obligation to transport Shipper's MPS Excess Quantity is

limited to the Maximum Daily Quantity for each Path

provided under Shipper's FT-3 (MP) Transportation Service

Agreement, including any reduction of the Maximum Daily

Quantity by Shipper as provided in the FT-3 (MP) Rate

Schedule; Transporter makes no representation that it has

or will have capacity to transport Shipper's MPS Excess

Quantity in excess of such Maximum Daily Quantity. In the

event of insufficient capacity, Shipper's sole and

exclusive remedy shall be as specified in Sections 2.4 and

2.5 above.