Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 10/01/2008, Docket: RP08-304-002, Status: Effective
Substitute Original Sheet No. 143 Substitute Original Sheet No. 143
Superseding: Superseding Original Sheet No. 143
14. TAXES
Shipper shall be responsible for all taxes and assessments, of any nature,
assessed by any governmental authority in respect of Gas to which Shipper
holds title, notwithstanding that such Gas may be held in the Storage Facility
as of such governmental authority's tax assessment / property reporting date.
Notwithstanding anything to the contrary that may be contained in any Service
Agreement, Shipper shall be responsible for, and shall pay directly to the
relevant governmental authority, all ad valorem taxes payable in respect of
all or any portion of Shipper's Gas. If at any time Freebird is required to
remit any taxes assessed on Gas or related to the services provided under a
Rate Schedule of this FERC Gas Tariff, then Freebird shall have the right to
collect from Shipper such taxes, including any penalties and interest.
Shipper agrees to reimburse Freebird for the taxes assessed on the Gas or
storage-related services, including any penalties and interest, within fifteen
(15) days of the date of invoice from Freebird. Shipper shall furnish
Freebird information, satisfactory to Freebird, to enable Freebird to comply
with any reports required by state or federal government and agencies.
Shipper recognizes that Freebird may be required to file Federal and state tax
returns, and Shipper agrees to furnish Freebird with adequate information
pertaining to the taxation on the Gas. Shipper shall coordinate such filings
with Freebird.
15. FORCE MAJEURE
15.1 Effect of Force Majeure. In the event Freebird is rendered unable,
wholly or in part, by reason of Force Majeure, as defined herein, to perform,
wholly or in part, any obligation or commitment under Shipper's Service
Agreement, it is agreed that upon Freebird's giving notice and full
particulars of such Force Majeure on its Internet Web Site and/or in writing
to Shipper within seventy-two (72) hours after the occurrence of the cause
relied on, then the obligations of Freebird shall be suspended to the extent
that Freebird's ability to perform such obligations is affected by such Force
Majeure and for the period of such Force Majeure, but for no longer period,
and such cause shall as far as possible be remedied with all reasonable
dispatch. Nothing in this Gas Tariff or in any Service Agreement shall
obligate Freebird to request or pay for added compression in order to remedy a
Force Majeure.
(b) Force Majeure and obligation to Pay/Credit Storage Reservation Charges. A
Shipper taking Firm service under Rate Schedule FSS shall not be relieved of
its obligations to pay Storage Reservation Charges specified in such Firm Rate
Schedules due to an event of Force Majeure and Freebird shall include the full
amount of such Storage Reservation Charges on the Shipper's invoice for any
Month in which an event of Force Majeure shall have occurred, provided,
however, that if such Force Majeure persists for more than 3 Days, Shipper
shall be allowed a credit against its Storage Reservation Charges
payable under Rate Schedule FSS and Service Agreement to reflect any
reduction in Freebird's ability to render Firm service resulting
from a Force Majeure declared by Freebird; provided, further, however, that
such credits will not be given to the extent Shipper is afforded extra Service
Agreement Days under the terms of Section 8.3 of the FSS Rate Schedule.
15.2 Nature of Force Majeure. The term "Force Majeure" as employed herein
shall mean any cause whether of the kind enumerated herein or otherwise, not
reasonably within the control of Freebird, such as acts of God; strikes,
lockouts and industrial disputes or disturbances; inability to secure or
delays in obtaining labor, materials, supplies, permits, easements or
rights-of-way, including inability to secure