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. 156 Original Sheet No. 156 : Suspended
receipt of a request for such information. Information on the most
recent entries will appear ahead of older information.
27.4 Freebird shall post at least four times a day on the Internet Web Site
information relevant to the availability of Firm and Interruptible capacity in
its System. The PAS System and the Internet Web Site will note whether the
capacity is available from Freebird directly or through Freebird’s capacity
release mechanism as set
forth in Section 4 of the General Terms and Conditions. The PAS System and
the Internet Web Site shall provide the best available information about
imbalances on a daily basis. The PAS System and the Internet Web site shall
also include information allowed or required to be posted thereon by other
provisions of this FERC Gas Tariff including Section 4, information which
Freebird is required to post pursuant to the Commission’s regulations, or
other information Freebird chooses to post in furtherance of the operation of
its System.
27.5 Electronic Notification. For generic, system-wide notices, any
provisions of this FERC Gas Tariff requiring that these matters be written or
in writing are satisfied by Freebird utilizing electronic transmission through
the Internet Web Site or PAS System in accordance with the procedures for
utilization of the PAS System. Critical Notices will be in a separate
category from notices that are not critical. The provisions of this FERC Gas
Tariff requiring that certain matters be written or in writing are satisfied
by Shipper utilizing electronic transmission through the Internet Web Site or
PAS System in accordance with the procedures for utilization of the PAS
System. All other provisions, including Service Agreement-specific notices,
requiring items or information to be written or in writing remain unchanged
unless otherwise agreed by Freebird and Shipper. Freebird will use electronic
mail (e-mail) in order to facilitate certain notifications to Shippers as
required by this FERC Gas Tariff; Shipper shall provide Freebird with at last
one e-mail address to which these notifications can be sent, and shall be
responsible for updating such information as necessary. In addition to the
requirement specified in Section 5 of these General Terms and Conditions to
post notices on the Internet Web Site, Freebird shall provide such
notifications via e-mail communication to those Shippers that have provided
such e-mail address information and have requested, via the PAS System, e-
mail notification of Critical Notices issued by Freebird.
27.6 Liability.
(a) Freebird shall not be liable to the PAS System Subscriber or Internet Web
Site user nor any other party for damages for any act, omission or
circumstance related to the PAS System or the Internet Web Site occasioned by
or in consequence of any event of Force Majeure as defined in Section 15 of
these General Terms and Conditions. To the extent the information displayed
on the PAS System or the Internet Web Site is originated solely by Freebird
and such information is subsequently determined to be inaccurate, the PAS
System Subscriber or the Internet Web Site user shall not be subject to any
penalties otherwise collectible by Freebird based on Shipper conduct
attributable to such inaccuracy during the period the inaccurate information
was displayed on the PAS System or the Internet Web Site.
(b) PAS System Subscriber shall defend, indemnify and hold harmless Freebird
from and against any and all claims, demands and/or actions, and any and all
resulting loss, costs, damages, and/or expenses (including court costs and
reasonable attorney’s fees) of any nature whatsoever, that may be asserted
against or imposed upon Freebird by any party as a result of the unauthorized
or otherwise improper use of any user identification and/or password issued to
or by a PAS System Subscriber or any other unauthorized or improper use of the
PAS System by any PAS System Subscriber unless such improper use is the result
of Freebird’s negligence or willful misconduct, including, but not limited to,
distribution of