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. 364 First Revised Sheet No. 364 : Effective

Superseding: Substitute Original Sheet No. 364

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 DI 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 (DI),

FT-2 (DI) or IT-1 (DI), 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 production from the

Dedicated Lease(s) is limited to the Maximum Daily Quantity

for each Path provided under Shipper's FT-2 (DI)

Transportation Service Agreement, including any reduction

of the Maximum Daily Quantity by Shipper as provided in the

FT-2 (DI) Rate Schedule; Transporter makes no

representation that it has or will have capacity to

transport Shipper's production from the Dedicated Lease(s)

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.

 

3.3 Transporter shall have no obligation to build or install

new facilities to provide transportation service for

production from Dedicated Lease(s).