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. 206 Original Sheet No. 206 : Suspended
FORM OF SERVICE AGREEMENT FOR
HUB SERVICES AGREEMENT
(For Use Under Rate Schedule ILS)
Service Agreement between Freebird Gas Storage, LLC ("Freebird") and Shipper
Shipper Full Legal Name ______________________ Agreement Date _______________
Agreement Number ______________________________
This Agreement is made between Freebird and Shipper, who hereby agree upon
the terms of Freebird’s services, at the rates and on the terms and conditions
provided herein. This Agreement is subject to the terms of Freebird's Gas
Tariff on file with the FERC (as revised from time to time, the "Tariff"),
including without limitation, the applicable Rate Schedule, such Tariff terms
being incorporated herein by reference. In the event of a conflict between
this Agreement and the Tariff, the Tariff will control.
1. SERVICE: Firm Storage Service under Rate Schedule FSS
2. TRANSACTION PERIOD: Beginning Date: 9:00 a.m. CT on ____________
Ending Date: 9:00 a.m. CT on ____________
3. QUANTITIES:
MDIQ: ______ Dth per Day, Begin 9:00a.m.CT on ______,End 9:00a.m.CT on ______
MDWQ: ______ Dth per Day, Begin 9:00a.m.CT on ______,End 9:00a.m.CT on ______
MSQ: _____________ Dth
Freebird is not obligated to receive Gas for injection on an hourly basis, or
tender Gas for withdrawal on an hourly basis, at rates of flow in excess of
1/24 of Shipper’s MDIQ or MDWQ, respectively.
4. SERVICE FEES:
Storage Reservation Charge (determined by MSQ): $_________ /Dth/Month
Commodity Rate:
Storage Injection __________ per Dth, plus ________ percent per Dth for Fuel
Storage Withdrawal _________ per Dth, plus ________ percent per Dth for Fuel
Overrun Injection __________ per Dth, plus ________ percent per Dth for Fuel
Overrun Withdrawal _________ per Dth, plus ________ percent per Dth for Fuel
Title Transfer Fee, if applicable __________
Shipper agrees to pay Freebird all charges as described in the FSS Rate
Schedule, as specified in this Agreement.
5. POINT OF INJECTION / WITHDRAWAL: _________________________________________
6. SPECIAL TERMS AND CONDITIONS:
7. SECURITY INTEREST: IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY LIEN
CREATED IN FAVOR OF FREEBIRD PURSUANT TO ALA. CODE § 7-7-101, ET SEQ., OR ANY
OTHER LAW, SHIPPER GRANTS TO AND IN FAVOR OF FREEBIRD A SECURITY INTEREST IN
SHIPPER’S STORAGE INVENTORY (WHETHER DELIVERED TO FREEBIRD ON THE EFFECTIVE
DATE HEREOF OR ANY DATE THEREAFTER) AND ALL PROCEEDS RELATED THERETO
(INCLUDING, WITHOUT LIMITATION, INSURANCE PROCEEDS RELATED TO DAMAGE OR LOSS
OF STORAGE INVENTORY) AS SECURITY FOR PAYMENT OF ALL FEES AND OTHER AMOUNTS
OWED BY SHIPPER TO FREEBIRD. SUCH SECURITY INTEREST SHALL BE A FIRST PRIORITY
SECURITY INTEREST AND SHIPPER SHALL CAUSE ALL OTHER HOLDERS OF A SECURITY
INTEREST IN SUCH STORAGE INVENTORY TO DELIVER TO FREEBIRD AN ACKNOWLEDGEMENT
(SATISFACTORY TO FREEBIRD IN ITS REASONABLE DISCRETION) THAT FREEBIRD’S
INTEREST IS OF FIRST PRIORITY.
8. OTHER: No assignment of the rights and obligations hereunder shall be
effective unless effectuated in accordance with the terms of the Tariff. This
Agreement shall be binding upon and inure to the benefit of the respective
authorized successors and assigns. No modification of this Agreement shall be
effective until executed in writing by both Freebird and Shipper. This
Agreement may be terminated only in accordance with the terms of the Tariff.
All indemnification obligations and assumptions of liability shall survive any
termination of this Agreement. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE
STATE OF ALABAMA, EXCLUDING CONFLICTS-OF-LAW RULES THAT MIGHT GIVE REFERENCE
TO THE LAWS OF ANOTHER JURISDICTION.
9. PROCEDURES: If the foregoing accurately reflects Shipper’s understanding
of the terms of the transaction agreed to by Shipper and Freebird, Shipper
shall sign and return this Agreement to Freebird. If any changes are required
to reflect Shipper’s understanding, Shipper must notify Freebird in writing of
the changes required to reflect Shipper’s understanding. If Shipper fails to
notify Freebird in writing of such changes, the terms herein shall, in
accordance with Section 3.2 of the Tariff, be deemed for all purposes to
correctly set forth the terms of the transaction agreed to by Freebird and
Shipper.
Sign and fax this Agreement within 3 days to: Priscilla Hamic, Freebird
Gas Storage, LLC, Fax 281-374-3088