(g) Regulatory Fees and Charges. Shipper shall reimburse Freebird for all

fees and charges, including, but not limited to, ACA charges, as required by

the Commission or any other regulatory body, that are related to service

provided under this Rate Schedule, as set forth in Shipper’s Interruptible

Storage Service Agreement.


 

(h) Taxes. Shipper shall be responsible for all taxes and similar assessments

described in Section 14, "Taxes," of the General Terms and Conditions of this

Gas Tariff, whether or not expressly set forth in a Service Agreement.


 

5. TERM

The term for service under this Rate Schedule shall be as set forth in the

executed Interruptible Storage Service Agreement.


 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

6.1 The Interruptible Storage Service Agreement and the respective obligations

of the parties hereunder are subject to all valid laws, orders, rules and

regulations of duly constituted authorities having jurisdiction, and are

conditioned upon the issuance, by the FERC, and any state or local

governmental agency having jurisdiction, of requisite authorization for

Freebird to provide the storage service contemplated hereby and to construct

and operate the facilities necessary to provide such service and for any

connected pipeline to transport natural Gas to/from the Point of

Injection/Withdrawal necessary to effect the service provided for herein.


 

6.2 Freebird shall have the right to propose to the FERC or other governing

regulatory body such changes in its rates and terms and conditions of service

as it deems necessary, and the Interruptible Storage Service Agreement shall

be deemed to include any changes which are made effective pursuant to order or

regulation or provisions of law, without prejudice to Shipper’s right to

protest the same.


 

7. INTERRUPTION OR CURTAILMENT

If, due to an emergency situation or when unexpected capacity loss occurs

after scheduling, Freebird’s capability to inject or withdraw quantities is

impaired so that Freebird is unable to inject or withdraw the quantities

provided for in its Interruptible Storage Service Agreements with Shippers,

then capacity, withdrawals and/or injections will be allocated according to

the priority of service as set forth in Section 5 of the General Terms and

Conditions of this FERC Gas Tariff.


 

8. EXPIRATION OF TERM

8.1 Withdrawal On or Before End of ISS Service Period. On or before the end

of the primary term or any renewed term of the Shipper’s Interruptible Storage

Service Agreement, Shipper must have physically withdrawn all of the Storage

Inventory held in storage for the account of Shipper under such Service

Agreement. Except as provided under Section 8.3 below, if such Storage

Inventory remains in the Storage Facility on any Day after the end of such

service period, Freebird shall have the right, at its sole option, to either

(i) attempt to negotiate with Shipper to enter into a new Service Agreement,

on an interruptible basis, related to such quantity of Gas remaining in such

Storage Inventory after the end of the service period (for example, an IPS

Transaction), (ii) take title to the Storage Inventory under the provisions of

Section 8.2 below, and/or (iii) resort to a combination of both such remedies.

Freebird’s election to enter