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.