Freebird Gas Storage, L.L.C.

First Revised Volume No. 1

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Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective

Original Sheet No. 22 Original Sheet No. 22 : Suspended

 

body, that are related to service provided under this Rate Schedule, as set

forth in Shipper’s Firm Storage Service Agreement.

 

 

(h) Taxes. Shipper shall be responsible for all taxes and similar assessments

described in Section 14, "Taxes," of the General Terms and Conditions of this

Gas Tariff, whether or not expressly set forth in a Service

Agreement.

 

5. TERM

The term for service under this Rate Schedule shall be as set forth in the

executed Firm Storage Service Agreement.

 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

6.1 The Firm Storage Service Agreement and the respective obligations of the

parties hereunder are subject to all valid laws, orders, rules and regulations

of duly constituted authorities having jurisdiction, and are conditioned upon

the issuance, by the FERC, and any state or local governmental agency having

jurisdiction, of requisite authorization for Freebird to provide the storage

service contemplated hereby and to construct and operate the facilities

necessary to provide such service and for any connected pipeline to transport

Gas to/from the Point of Injection/Withdrawal necessary to effect the service

provided for herein.

 

6.2 Freebird shall have the right to propose to the FERC or other governing

regulatory body such changes in its rates and terms and conditions of service

as it deems necessary, and the Firm Storage Service Agreement shall be deemed

to include any changes which are made effective pursuant to order or

regulation or provisions of law, without prejudice to Shipper’s right to

protest the same.

 

7. INTERRUPTION OR CURTAILMENT

If, due to an emergency situation or when unexpected capacity loss occurs

after scheduling, Freebird’s capability to inject or withdraw quantities is

impaired so that Freebird is unable to inject or withdraw the quantities

provided for in its Firm Storage Service Agreements with Shippers, then

capacity, withdrawals and/or injections will be allocated according to the

priority of service as set forth in Section 5 of the General Terms and

Conditions of this FERC Gas Tariff.

 

8. EXPIRATION OF TERM

8.1 Withdrawal On or Before End of FSS Service Period. On or before the end

of the primary term or any renewed term of the Shipper’s Firm Storage Service

Agreement, Shipper must have physically withdrawn its Storage Inventory held

in storage for the account of Shipper under such Service Agreement. Except as

provided under Section 8.3 below, if such Storage Inventory remains in the

Storage Facility on any Day after the end of the service period, Freebird

shall have the right, at its sole option, to either (i) attempt to negotiate

with Shipper to enter into a new Service Agreement, on an interruptible basis,

related to such quantity of Gas remaining in Storage Inventory under the

expired Service Agreement after the end of the service period (for example, an

IPS Service Agreement), (ii) take title to the Storage Inventory under the

provisions of Section 8.2 below, and/or (iii) resort to a combination of both

such remedies. Freebird’s election to enter into a new Service Agreement will

not prevent it from subsequently exercising its rights pursuant to Section 8.2

at any time Storage Inventory remains in the Storage Facility after the end of

the new service period and Freebird and Shipper are unable to reach agreement

on the terms of a new Service