materials by reason of

allocations promulgated by authorized governmental agencies; arrests and

restraints of governments and people; interruptions by government or court

orders; present and future valid orders, decisions or rulings of any

government or regulatory entity having proper jurisdiction; acts of the public

enemy; vandalism; wars; riots; civil disturbances; blockades; insurrections;

epidemics; landslides; lightning; tornadoes; hurricanes; earthquakes; fires;

storms; floods; washouts; inclement weather which necessitates extraordinary

measures and expense to maintain operations; explosions; breakage, accidents

and/or maintenance to plant facilities including machinery, lines of pipe,

accidents and/or unscheduled maintenance of wells or subsurface storage

caverns or reservoirs; testing (as required by governmental authority or as

deemed necessary by Freebird for the safe operation of the facilities required

to perform the services hereunder); and the making of repairs or alterations

to pipelines, storage, and plant facilities including Transporter’s pipeline

repairs. It is understood and agreed that the settlement of strikes or

lockouts shall be entirely within the discretion of Freebird, and that the

above requirements that any Force Majeure shall be remedied with all

reasonable dispatch shall not require the settlement of strikes or lockouts by

acceding to the demands of opposing party when such course is inadvisable in

the discretion of Freebird.


 

16. NOTICES

16.1 Any notice, request, demand, or statement, except as otherwise herein

provided, shall be given in writing, delivered in person, by United States

Mail or via e-mail or facsimile, to the parties at the addresses shown in the

executed Service Agreement or at such other addresses as may hereafter be

furnished to the other party in writing.


 

16.2 Any notice initially delivered by fax shall be confirmed by regular mail

within one (1) week after transmission of the fax.


 

17. FUEL REIMBURSEMENT

Shipper shall be required to compensate Freebird for all fuel, including but

not limited to: (a) compression fuel; (b) dehydration fuel; (c) line heating

fuel; and (d) all lost and unaccounted for volumes, to the extent required for

the operation and maintenance of Freebird’s System.


 

18. GAS TITLE TRANSFERS

18.1 Title Transfers of Gas in Storage:

(a) A Shipper that has executed a Service Agreement under Rate Schedules FSS,

ISS, IPS or IBS may sell its Storage Inventory or Park Balance, as applicable,

to any other Shipper that has executed a Service Agreement under Rate Schedules

FSS, ISS, IPS or IBS if:


 

(1) Shipper selling Storage Inventory or Park Balance, as applicable, provides

notification to Freebird prior to the nomination deadline and provides

Freebird with written verification of the transfer within three (3) Business

Days; and