(e) Overrun Withdrawal Gas. A usage charge for each Dth of Gas (including

fuel, if applicable) withdrawn from Freebird’s facilities pursuant to Section

3.2 of this Rate Schedule during a given Month.


 

(f) Fuel Reimbursement. The amount of Gas or equivalent charge for fuel and

losses determined in accordance with Section 17 of the General Terms and

Conditions of this FERC Gas Tariff and set forth in Shipper’s Hub Services

Agreement.


 

(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 Hub Services

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

Shipper’s Hub Services Agreement.


 

6. AUTHORIZATION, RATES, TERMS AND CHANGES

6.1 The Hub Services 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 loan

service contemplated hereby and to construct and operate the Gas storage

facilities necessary to provide such loan service and for any connected

pipeline to transport Gas to/from the Point of Injection/Withdrawal necessary

to effect the loan service provided for herein.


 

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

governing regulatory body such changes in its rates and terms and conditions

of service as it deems necessary, and the Hub Services 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 any cause whatsoever, 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 Hub Services 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.