Agreement. Freebird’s resort to any remedy under this Article 8 will not

relieve Shipper of its obligation to pay Freebird for any applicable charges

accruing to Shipper’s account before such actions are taken.


 

8.2 Transfer of Title. Pursuant to the above-stated provisions of Section

8.1, but subject to Section 8.3 below, at Freebird’s sole option and demand,

Shipper shall transfer title to its Storage Inventory to Freebird, free and

clear of all liens, encumbrances, and adverse claims of any kind, at a price

per Dth equal to the Current Market Price of such Gas, less Freebird's costs

related to Shipper’s failure to timely remove its Gas, with "Current Market

Price" being measured on the date on which Freebird liquidates Shipper’s

Storage Inventory and which is the lesser of (A) the NYMEX Prompt Month

settlement price, as adjusted for the applicable basis differential, and (B)

the "balance of month" market price as reflected by Intercontinental Exchange

("ICE") (or the open market price, if ICE has no relevant balance of month

price information available on a timely basis.


 

8.3 Force Majeure. The provisions of Sections 8.1 and 8.2 are subject to the

provisions of this Section 8.3. To the extent Shipper is unable to withdraw

the Storage Inventory under a Service Agreement before the end of the

applicable service period by reason of a suspension of withdrawal rights

during the service period caused by Force Majeure declared by Freebird or

other curtailment of such rights declared by Freebird, Shipper shall be

allowed to nominate to remove all remaining inventories under such Service

Agreement, in accordance with Shipper’s MDWQ, and Freebird shall refrain from

exercising its rights under Sections 8.1 and 8.2, for a reasonable time after

the expiry of such Force Majeure or curtailment period (i.e., the same number

of Days as Shipper’s withdrawal rights were subject to such Force Majeure

and/or curtailment period during the initial service period), provided,

however, that after such reasonable time the terms of Sections 8.1 and 8.2

shall once again apply.


 

9. GENERAL TERMS AND CONDITIONS

Applicable provisions of the General Terms and Conditions of this FERC Gas

Tariff, as such provisions may be amended from time to time, are hereby

incorporated by reference and made a part of this Rate Schedule FSS, where

applicable, and shall supplement the terms and conditions governing service

rendered hereunder, as though stated herein; provided, however, that in the

event of any inconsistency, the terms of this Rate Schedule FSS shall

control.