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. 211 Original Sheet No. 211 : Suspended
ARTICLE II - TERM OF AGREEMENT
This Agreement shall be effective on the Effective Date and shall remain in
force and effect until terminated (a) in accordance with the terms of
Freebird’s FERC Gas Tariff; or (b) by either Party providing at least sixty
(60) Days’ prior written notice thereof to the other Party; provided, however,
that if outstanding obligations exist between the Parties, this Agreement will
continue for such period of time as is required to conclude the performance of
such obligations; provided, however, that all indemnification obligations
shall survive any termination of this Agreement. If Freebird determines at
any time that Replacement Shipper fails to meet Freebird’s creditworthiness
requirements, Freebird may suspend service and terminate this Capacity Release
Umbrella Agreement and all Addenda attached hereto in accordance with Section
3 of the General Terms and Conditions of its FERC Gas Tariff.
ARTICLE III - RATE SCHEDULES
This Capacity Release Umbrella Agreement does not have separate terms and
conditions for particular services, but only provides a means by which a
Replacement Shipper may utilize a service subject to the applicable provisions
of the relevant Service Agreement and the terms and conditions for Rate
Schedule FSS, by finalization of a copy of an Exhibit A Confirmation attached
hereto and fully incorporated herein as a part of this Capacity Release
Umbrella Agreement.
Replacement Shipper agrees that Freebird shall have the unilateral right to
file with the appropriate regulatory authority and make changes effective in
(a) the rates and charges applicable to service pursuant to this Capacity
Release Umbrella Agreement, (b) the terms and conditions of this Capacity
Release Umbrella Agreement, pursuant to which service hereunder is rendered or
(c) any provision of the General Terms and Conditions applicable to this
Capacity Release Umbrella Agreement. Freebird agrees that the Replacement
Shipper may protest or contest the aforementioned filings, and the Replacement
Shipper does not waive any rights it may have with respect to such
filings.
ARTICLE IV - ADDRESSES
Except as herein otherwise provided or as provided for in the General Terms
and Conditions of Freebird’s Gas Tariff, any notice provided for in this
Capacity Release Umbrella Agreement, or any notice which either Party may
desire to give to the other, shall be in writing and shall be considered as
duly delivered when mailed by registered, certified, or regular mail to the
post office address of the Party hereto, as the case may be, as
follows:
(a) Freebird Gas Storage, LLC
20333 State Hwy 249, Suite 400
Houston, TX 77070
Attention: Pat DeVille
(b) Replacement Shipper: ____________________
_______________________________________
_______________________________________
_______________________________________
or such other address as either Party shall designate by formal written
notice.