Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/1998, Docket: RP98-239-000, Status: Effective

Original Sheet No. 23C Original Sheet No. 23C : Effective

 

RATE SCHEDULE FT-2

Firm Transportation Service

(Continued)

 

Section 4 (continued)

 

is unable to prevent or overcome, whether affecting SHIPPER or its

contractors or subcontractors. Changes in prices or market conditions or

general factors making performance inconvenient or unprofitable shall not

be considered Supervening Causes. Notwithstanding the foregoing, a

Supervening Cause shall not include the failure to obtain required rights

of way from public or private landowners, the maintenance of wells,

equipment or pipelines, or any cause, the occurrence of which would be

contrary to SHIPPER's obligations hereunder. SHIPPER shall notify

COMPANY in writing of a Supervening Cause as soon as practicable after

the occurrence of same, but in no event later than thirty (30) days after

the occurrence of same, and shall promptly proceed to remove or cure such

events using due diligence.