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. 363 Substitute Original Sheet No. 363 : Effective

Superseding: Original Sheet No. 363

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 Shipperþs

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]

 

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 DI 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 DI

Facility, Transporter shall prepare and submit to Shipper,