AND
REASONABLE DISCRETION, DETERMINES IT CAN ACCOMMODATE AT THE SILOAM FACILITY.
**
(D)
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, MEA WILL HAVE THE FOLLOWING AVAILABLE CAPACITIES AT THE SILOAM FACILITY
FOR TRUCK UNLOADING AND FOR FRACTIONATION OF PLANT PRODUCTS AND NATURAL GAS
LIQUIDS BY THE FOLLOWING DATES:
(I)
** GALLONS PER DAY BY **; AND
(II)
** GALLONS PER DAY BY ** ("FIRST EXPANSION
DATE").
4
(E)
BY ** ("SECOND EXPANSION DATE"), MEA SHALL
PROVIDE CAPACITY FOR A TOTAL OF ** GALLONS PER DAY OF PLANT PRODUCTS AND NATURAL
GAS LIQUIDS DELIVERED BY EQUITABLE HEREUNDER THROUGH THE REPLACEMENT EQUITABLE
PIPELINE.
(f)
MEA may accelerate the First Expansion
Date to no earlier than ** (and such earlier date shall be referred to as the
"Early First Expansion Date"); and may accelerate the Second Expansion Date to
no earlier than ** ("Early Second Expansion Date").
If either of the foregoing
Early Expansion Dates will become effective, due to MEA providing the capacities
required before the applicable Expansion Date, MEA will give written notice to
Equitable of the completion of the expansion to provide the applicable capacity
and the applicable Early Expansion Date will be effective two days following
such notice.
(G)
MEA COMMITS TO EXPAND THE MEA PIPELINE AND
SILOAM FACILITY AS NECESSARY TO PROVIDE AN ADDITIONAL ** GALLONS PER DAY OF
CAPACITY OVER THAT PROVIDED PURSUANT TO 3.1(E) ABOVE, FOR PLANT PRODUCTS AND
NATURAL GAS LIQUIDS DELIVERED BY EQUITABLE HEREUNDER, ON THE FOLLOWING TERMS AND
CONDITIONS:
(I)
EQUITABLE SHALL HAVE THE RIGHT TO
REQUEST INCREMENTAL ADDITIONAL CAPACITY ABOVE THE ** GALLONS PER DAY CAPACITY BY
PROVIDING MEA WITH WRITTEN NOTICE ** IN ADVANCE OF THE DATE ON WHICH EQUITABLE
ANTICIPATES THE NEED FOR ANY PORTION OF SUCH REQUESTED INCREMENTAL ADDITIONAL
CAPACITY ("INCREMENTAL CAPACITY START-UP DATE"). THE REQUEST SHALL COVER
EQUITABLE'S ANTICIPATED REQUIREMENTS FOR ADDITIONAL CAPACITY FOR THE ** PERIOD
FOLLOWING THE INCREMENTAL CAPACITY START-UP DATE ("RAMP-UP PERIOD"), AND THE
REQUEST SHALL INCLUDE REASONABLE PROJECTIONS OF THE NEED FOR INCREMENTAL
ADDITIONAL CAPACITY ON A MONTHLY BASIS DURING THE RAMP-UP PERIOD, UP TO THE
TOTAL OF THE REQUESTED ADDITIONAL CAPACITY (THE "RAMP-UP SCHEDULE").
(II)
MEA SHALL HAVE NO OBLIGATION TO PROVIDE
TOTAL CAPACITY TO EQUITABLE FOR PLANT PRODUCTS AND NATURAL GAS LIQUIDS DELIVERED
BY EQUITABLE HEREUNDER IN EXCESS OF ** GALLONS PER DAY.
(III)
EACH REQUEST FOR ADDITIONAL CAPACITY SHALL
BE IN INCREMENTS OF ** GALLONS PER DAY OR GREATER; PROVIDED, IF A REQUEST FOR
ADDITIONAL CAPACITY OCCURS WHEN THE DIFFERENCE BETWEEN ** GALLONS PER DAY AND
THE THEN CURRENT CAPACITY IS LESS THAN ** GALLONS PER DAY, SUCH REQUEST MAY BE
MADE FOR THE REMAINING INCREMENT TO BRING TOTAL CAPACITY TO ** GALLONS PER DAY.
(IV)
MEA SHALL ACKNOWLEDGE AND CONFIRM, IN WRITING,
EQUITABLE'S REQUEST(S) FOR CAPACITY WITHIN TWENTY (20) DAYS OF RECEIPT.
(V)
MEA SHALL CONSTRUCT, INSTALL AND MAKE
OPERATIONAL THE REQUESTED ADDITIONAL CAPACITY IN INCREMENTS AND WITH TIMING THAT
MEETS THE RAMP-UP SCHEDULE SUBMITTED BY EQUITABLE FOR THE APPLICABLE RAMP-UP
PERIOD.
(VI)
**
5
3.2
NOTWITHSTANDING ANYTHING TO