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. 210 Original Sheet No. 210 : Suspended

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT

UNDER RATE SCHEDULE FSS

 

This Capacity Release Umbrella Agreement, is made and entered into this ___

day of ____________, 20__ ("Effective Date"), by and between

_______________________________, a _________________________________

("Replacement Shipper") and FREEBIRD GAS STORAGE, LLC, an Alabama limited

liability company ("Freebird"). Freebird and Replacement Shipper shall

collectively be referred to herein as the "Parties" or individually as a

Party.

 

WHEREAS, subject to the terms and conditions of Freebird’s Gas Tariff on file

with the Federal Energy Regulatory Commission ("Commission"), Replacement

Shipper will receive rights under this contract as assignment from a Releasing

Shipper, under Releasing Shipper's FSS Service Agreement with Freebird, with

such Releasing Shipper and FSS Service Agreement number being identified in

the applicable Exhibit A Confirmation.

 

NOW, THEREFORE, for and in consideration of the mutual covenants and promises

herein contained, the Replacement Shipper and Freebird agree as

follows:

 

ARTICLE I - SCOPE OF AGREEMENT

Subject to the terms and conditions hereof, so long as all requirements are

met for Replacement Shipper to be on Freebird’s Qualified Shipper list and to

execute this Capacity Release Umbrella Agreement pursuant to Section 4 of the

General Terms and Conditions of Freebird’s Gas Tariff, and so long as this

Capacity Release Umbrella Agreement is effective, Replacement Shipper may bid

from time to time on proposed capacity releases under Rate Schedule FSS

pursuant to the procedures set forth in Section 4 of Freebird’s General Terms

and Conditions. If at any time a bid submitted by Replacement Shipper is

accepted by Freebird with respect to a given capacity release, such bid and

acceptance will be deemed a binding agreement as of the time of such

acceptance, the Replacement Shipper shall be considered for all purposes as

the Shipper with respect to the released service, and the Parties will

promptly finalize the appropriate Exhibit A Confirmation to this Capacity

Release Umbrella Agreement, in substantially the format attached hereto. The

Parties agree that each such Exhibit A Confirmation is an integral part of

this Capacity Release Umbrella Agreement and the terms thereof are incorporated

herein.

 

Upon the finalization of an Exhibit A Confirmation, subject to the terms and

conditions hereof and of Freebird’s Gas Tariff and Rate Schedule FSS, Freebird

agrees to provide the released service for Replacement Shipper, provided,

however, the Replacement Shipper met all requirements to be a Qualified

Shipper at the time it submitted the bid Freebird accepted with respect to

such release.

 

Replacement Shipper agrees to promptly provide any information necessary for

Freebird to reevaluate Freebird’s credit appraisal as contemplated by Section

3 of Freebird’s General Terms and Conditions and to advise Freebird of any

material change in the information previously provided by the Replacement

Shipper to Freebird.