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. 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.