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. 144 Original Sheet No. 144 : Suspended
materials by reason of
allocations promulgated by authorized governmental agencies; arrests and
restraints of governments and people; interruptions by government or court
orders; present and future valid orders, decisions or rulings of any
government or regulatory entity having proper jurisdiction; acts of the public
enemy; vandalism; wars; riots; civil disturbances; blockades; insurrections;
epidemics; landslides; lightning; tornadoes; hurricanes; earthquakes; fires;
storms; floods; washouts; inclement weather which necessitates extraordinary
measures and expense to maintain operations; explosions; breakage, accidents
and/or maintenance to plant facilities including machinery, lines of pipe,
accidents and/or unscheduled maintenance of wells or subsurface storage
caverns or reservoirs; testing (as required by governmental authority or as
deemed necessary by Freebird for the safe operation of the facilities required
to perform the services hereunder); and the making of repairs or alterations
to pipelines, storage, and plant facilities including Transporter’s pipeline
repairs. It is understood and agreed that the settlement of strikes or
lockouts shall be entirely within the discretion of Freebird, and that the
above requirements that any Force Majeure shall be remedied with all
reasonable dispatch shall not require the settlement of strikes or lockouts by
acceding to the demands of opposing party when such course is inadvisable in
the discretion of Freebird.
16. NOTICES
16.1 Any notice, request, demand, or statement, except as otherwise herein
provided, shall be given in writing, delivered in person, by United States
Mail or via e-mail or facsimile, to the parties at the addresses shown in the
executed Service Agreement or at such other addresses as may hereafter be
furnished to the other party in writing.
16.2 Any notice initially delivered by fax shall be confirmed by regular mail
within one (1) week after transmission of the fax.
17. FUEL REIMBURSEMENT
Shipper shall be required to compensate Freebird for all fuel, including but
not limited to: (a) compression fuel; (b) dehydration fuel; (c) line heating
fuel; and (d) all lost and unaccounted for volumes, to the extent required for
the operation and maintenance of Freebird’s System.
18. GAS TITLE TRANSFERS
18.1 Title Transfers of Gas in Storage:
(a) A Shipper that has executed a Service Agreement under Rate Schedules FSS,
ISS, IPS or IBS may sell its Storage Inventory or Park Balance, as applicable,
to any other Shipper that has executed a Service Agreement under Rate Schedules
FSS, ISS, IPS or IBS if:
(1) Shipper selling Storage Inventory or Park Balance, as applicable, provides
notification to Freebird prior to the nomination deadline and provides
Freebird with written verification of the transfer within three (3) Business
Days; and