Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective
Original Sheet No. 152 Original Sheet No. 152 : Suspended
(5) above; or (7) takes any action in furtherance of, or
indicating its consent to, approval of, or acquiescence in, any of the
foregoing acts.
"Current Value" means, with respect to a terminated Service Agreement and the
Non-Defaulting Party, an amount determined on the basis of quotations from
Reference Market-makers. The Current Value of each terminated Service
Agreement will be the amount, if any, that would be paid to the Non-Defaulting
Party (expressed as a negative number) or by the Non-Defaulting Party
(expressed as a positive number) in consideration of an agreement between the
Non-Defaulting Party and a Reference Market-maker to enter into a transaction
that would have the effect of preserving for the Non-Defaulting Party the
economic equivalent of any payment, delivery, or service under the Service
Agreement that would, but for the occurrence of the early termination on the
Early Termination Date, have been required of the Parties after that date (but
not including Unpaid Amounts in respect of the terminated Service Agreement).
The Non-Defaulting Party will request such quotation from three (3) Reference
Market-makers and will request that each Reference Market-maker provide its
quotation to the extent reasonably practicable as of the same day and time
(without regard to different time zones) on or as soon as reasonably
practicable after the Early Termination Date. The market quotation used in
determining the Current Value will be the quotation remaining after
disregarding the highest and lowest quotations; for this purpose, if more than
one quotation has the same highest value or lowest value, then one of such
quotations shall be disregarded. If the Non-Defaulting Party cannot, after
using its best efforts, obtain three quotations as provided above, two such
quotations may be used and the Current Value will be the average of the two
quotations. If no such quotations are available, the Current Value with
respect to such Service Agreement shall be based on the Non-Defaulting Party’s
Loss as of the Early Termination Date. The Non-Defaulting Party will cause
all market quotations to be documented by the Reference Market-maker and will
make all such documentation available for review by the Defaulting Party.
"Loss" means, with respect to one or more terminated Service Agreements and
the Non-Defaulting Party, the amount that the Non-Defaulting Party reasonably
determines in good faith to be its total losses and costs (or gain, which is
expressed as a negative number) in connection with the terminated Service
Agreement(s) (but not including any loss related to any hedge or related
trading position).
"Reference Market-maker" means a third-party gas storage service provider or
leading dealer in the natural gas futures and/or forward contract market which
is ready, willing and able to enter into a service transaction with terms
substantially the same as the terminated transaction (i.e., with regard to
injection rate, withdrawal rate, maximum inventory, demand and commodity
charges, length of term of service, and the service beginning and ending
dates) and which is selected in good faith by the Non-Defaulting
Party from among storage service providers and/or dealers of the highest
credit standing which satisfies all the criteria that the Non-Defaulting Party
applies generally when deciding whether to make an extension of credit.
"Unpaid Amounts" owing to a Party means, with respect to the Early Termination
Date and in respect of all terminated Service Agreements, the amounts that
became payable (or that would have become payable but for the legal or
equitable right of a Party to not pay as a result of a default by the other
Party) (whether or not such amounts are yet invoiced or overdue) on or prior
to the Early Termination Date and which remain unpaid as of such Early
Termination Date.
23.8 Insufficient Proceeds. In the event Shipper’s Gas in the Storage
Facility is liquidated and the proceeds therefrom are insufficient to satisfy
all outstanding payment obligations due to Freebird under the terminated
Service Agreements, Shipper will remain liable for all such outstanding and
unsatisfied