Freebird Gas Storage, L.L.C.

First Revised Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-691-000, Status: Effective

Original Sheet No. 147A Original Sheet No. 147A

Superseding: Superseding Original Sheet No. 147

 

22.3 Non-Discriminatory Waiver of Tariff Provisions

and Non-Waiver of Future Defaults.

Freebird may waive any of its rights hereunder or any

obligations of Shipper on a basis which is not unduly

discriminatory; provided that no waiver by either Shipper or

Freebird of any one or more defaults by the other in the

performance of any provisions of a Service Agreement between

Shipper and Freebird shall operate or be construed as a waiver

of any future default or defaults, whether of a like or of a

different character.

22.4 Modification.

No modification to the terms and provisions of any

Service Agreement or exhibit thereto shall be or become

effective except by the execution of a superseding Service

Agreement or exhibit thereto.

22.5 Successors in Interest.

Any company which shall succeed by purchase, merger,

consolidation or otherwise to the properties substantially as

an entirety, of Freebird or of Shipper, shall be entitled to

the rights and shall be subject to the obligations of its

predecessors in title under a Service Agreement, provided,

however, that Freebird reserves the right to evaluate and

approve the creditworthiness of Shipper’s

successor(s)-in-interest in accordance with the terms of this

Gas Tariff. In accordance with the capacity release procedures

set forth in Section 4 of the General Terms and Conditions,

Shipper may, without relieving itself of its obligations under

such Service Agreement, assign any of its rights and obligations

thereunder to another shipper, but otherwise no assignment of

such Service Agreement, or of any of the rights or obligations

thereunder, shall be made unless there first shall have been

obtained the written consent thereto of Freebird, in the event

of any assignment by Shipper, or the written consent thereto of

Shipper, in the event of an assignment by Freebird, and such

consent by Freebird or Shipper, as applicable, shall not be

unreasonably withheld. It