pursuant to this Section

5.5(h) by Freebird as of the end of any Month exceeds $1,000,000. Freebird

will file with the Commission a penalty disbursement report within sixty (60)

days of August 31 or sixty (60) days after the end of the Month for which

revenue collected exceeds $1,000,000. Any penalty revenue credited to

Non-Offending Shippers pursuant to this Section shall include interest

calculated in accordance with Section 154.501(d) of the Commission’s

regulations.


 

(i) Liability of Freebird. Freebird shall not be liable for any costs

incurred by any Shipper or point operator in complying with an OFO. Freebird

shall not be responsible for any damages that result from any interruption in

service that is a result of a Shipper’s or point operator’s failure to comply

promptly and fully with an OFO, and the non-complying Shipper or point

operator shall indemnify Freebird against any claims of responsibility.

However, Freebird shall use reasonable efforts to minimize any such costs or

damages.


 

(j) Unilateral Action. In the event that (1) Shipper(s) or point operator(s)

does not respond to an OFO, or (2) the actions taken thereunder fail to

correct the System problem for which the OFO was issued, or (3) Freebird

cannot carry out the procedures with respect to OFOs within the time

available, Freebird may take unilateral action, including the curtailment of

Firm service, to maintain the operational integrity of Freebird’s System. For

purposes of this Section, the operational integrity of Freebird’s System shall

encompass the integrity of the physical System and the preservation of

physical assets and their performance, the overall operating performance of

the entire physical System as an entity, and the maintenance (on a reliable

and operationally sound basis) of total System deliverability and the quality

of Gas delivered.


 

6. INJECTION/WITHDRAWAL AND TRANSPORTATION

6.1 Shipper shall tender all Gas for injection into storage to Freebird at the

Point of Injection/Withdrawal specified in the relevant Service Agreement.

The quantity of Gas tendered by Shipper to Freebird for injection into storage

shall not exceed the MDIQ plus the applicable Fuel Reimbursement without the

consent of Freebird.


 

6.2 Freebird shall make available all Gas to be withdrawn from storage to

Shipper at the Point of Injection/Withdrawal specified in the relevant Service

Agreement. The quantity of Gas made available to Shipper shall not exceed the

MDWQ without the consent of Freebird.


 

6.3 Transportation Guidelines. The Transporter’s rules, guidelines,

operational procedures and policies, as they may be changed from time to time,

shall define and control the manner in which Gas is delivered and received at

the Point of Injection/Withdrawal. Freebird and Shipper each agree to provide

to the other, in as prompt a manner as reasonable, all information necessary

to permit scheduling pursuant to such requirements. In addition, Freebird

will not be required to begin injections or withdrawals for a Shipper’s

account unless and until the data required for nominations, provided for in

Section 8, have been confirmed by the applicable Transporter to

Freebird.


 

6.4 Transportation Imbalances. In the event that Freebird or Shipper delivers

or causes to be delivered to Transporter at the Point of Injection/Withdrawal

a quantity of Gas not equal to the quantity of Gas received or taken by

Shipper or Freebird, a "Transportation Imbalance" may occur. Provided that

Freebird has taken or delivered the quantity of Gas nominated by Shipper and

scheduled by Transporter as