ARTICLE V - INTERPRETATION

THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE UMBRELLA AGREEMENT

SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT RECOURSE

TO THE LAW GOVERNING CONFLICT OF LAWS.


 

The Capacity Release Umbrella Agreement and the obligations of the Parties are

subject to all present and future valid laws with respect to the subject

matter, either State or Federal, and to all valid present and future orders,

rules, and regulations of duly constituted authorities having

jurisdiction.


 

ARTICLE VI - RELATIONSHIP BETWEEN REPLACEMENT SHIPPER AND RELEASING SHIPPER

The Parties recognize that, pursuant to Commission orders, Releasing Shipper

may require that the Replacement Shipper agree that a breach of this Capacity

Release Umbrella Agreement, including a failure to pay, or to pay timely, by

Replacement Shipper under this Capacity Release Umbrella Agreement,

constitutes a breach of contract as between Replacement Shipper and Releasing

Shipper. The existence of such an agreement will be indicated on the

appropriate Exhibit A Confirmation to this Capacity Release Umbrella

Agreement. If Replacement Shipper fails to timely pay Freebird or otherwise

breaches this Capacity Release Umbrella Agreement with Freebird: (a) both

Replacement Shipper and Releasing Shipper (except to the extent otherwise

provided in Section 4 of the General Terms and Conditions and except with

respect to penalties attributable to Replacement Shipper’s conduct) shall be

liable to Freebird for such failure to pay or breach (it being understood that

nothing in this Capacity Release Umbrella Agreement relieves Releasing Shipper

from responsibility to pay Freebird in accordance with its Service Agreements

with Freebird) and (b) if, as a result of such breach by Replacement Shipper,

Releasing Shipper is accordingly required to pay Freebird or otherwise

perform, Releasing Shipper may have a cause of action for breach against

Replacement Shipper.


 

IN WITNESS WHEREOF, the Parties hereto have caused this Capacity Release

Umbrella Agreement to be signed by their respective Presidents, Vice

Presidents or other duly authorized agents, effective as of the Effective

Date.


 

FREEBIRD GAS STORAGE, LLC

By: Enstor Operating Company, LLC, its Manager


 

By: ____________________________________________

Patrick DeVille

Vice President, Marketing


 

REPLACEMENT SHIPPER

By: ____________________________________________

Title: _________________________________________

Date: __________________________________________