2.2 Gas which is scheduled for daily injection or withdrawal under this Rate

Schedule is subject to interruption based upon changes in Firm storage service

nominations received by Freebird or when necessary to maintain the operational

integrity of Freebird’s System. Prior notice of interruption will be given

pursuant to Section 5 of the General Terms and Conditions of this FERC Gas

Tariff. In the event that Freebird notifies the Shipper of an interruption in

service under this Rate Schedule, the Shipper must cease injections or

withdrawals, in whole or in part, as specified by

Freebird.


 

2.3 To the extent storage capacity which is being utilized by an Interruptible

Shipper hereunder is needed by Freebird in order to satisfy Freebird’s Firm

service obligations or such capacity is otherwise necessary to avoid adverse

impact on the operation of Freebird’s System, Freebird may require Shipper to

withdraw all, or any portion of, the Park Balance held in storage by Freebird

under this Rate Schedule for the account of Shipper. Freebird will notify the

Shipper of the need to withdraw Gas and the quantity to be withdrawn, and

shall specify the time period in which the Shipper must comply with the

notice. Freebird’s notice to Shipper may be given orally, but shall be

confirmed in writing via U.S. mail, e-mail, instant messaging or facsimile to

the Shipper. Unless Freebird otherwise agrees, Shipper shall be required to

make nominations ratably over the specified time period. During the period

specified by Freebird for withdrawal, Shipper may negotiate a sale in place of

its Gas in storage to another Shipper with storage capacity available under

one of Freebird’s Rate Schedules pursuant to Section 18 of this FERC Gas

Tariff. If Shipper fails to withdraw or sell in place such Park Balance

within the time period specified by Freebird, then Freebird may take, free and

clear of any adverse title, claims or liens, title to such IPS Park Balance as

Shipper was instructed to withdraw, at a price per Dth equal to the Current

Market Price (as defined in Section 8 below), less Freebird's costs related to

Shipper’s failure to timely remove its Gas, and Freebird shall credit such

proceeds to any amount owed by Shipper to Freebird; provided, however, that

for each Day Freebird is unable to schedule the withdrawal of Shipper’s Gas,

the period specified for withdrawal shall be extended by a corresponding number

of Days.


 

3. OVERRUN SERVICE

3.1 Provided it can be accomplished by Freebird without detriment to

Freebird’s System and Freebird has injection capacity available, Freebird may,

upon request of Shipper and after confirmation by Shipper’s Transporter,

schedule and inject on an Interruptible basis quantities of Gas in excess of

Shipper’s MDIQ, provided that Shipper’s Interruptible Park Balance has not

exceeded Shipper’s MPQ. Such Overrun Quantities shall be subject to the

charge set forth in Section 4(d) of this Rate Schedule.


 

3.2 Provided it can be accomplished by Freebird without detriment to

Freebird’s System and Freebird has withdrawal capacity available, Freebird

may, upon request of Shipper and after confirmation by Shipper’s Transporter,

schedule and withdraw on an Interruptible basis quantities of Gas in excess of

Shipper’s MDWQ, provided that Shipper has a quantity of Gas in Shipper’s

Interruptible Park Balance not less than the quantities Shipper shall have

nominated for withdrawal on such Day. Such Overrun Quantities shall be

subject to the charge set forth in Section 4(e) of this Rate Schedule.


 


 

3.3 Freebird shall have the right to interrupt or not to schedule all or part

of the Overrun Quantities nominated, subject to Section 5 of the General Terms

and Conditions of this FERC Gas Tariff, in which event Freebird shall notify

Shipper.