(f) 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.


 

4. TERM

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

Shipper’s Hub Services Agreement.


 

5. AUTHORIZATION, RATES, TERMS AND CHANGES

5.1 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 balancing

service contemplated hereby and to construct and operate the Gas storage

facilities necessary to provide such balancing service and for any connected

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

to effect the balancing service provided for herein.


 

5.2 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.


 

6. 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.


 

7. EXPIRATION OF TERM

7.1 Withdrawal / Return of IBS Gas Quantities. On or before the end of an IBS

service period, Shipper must have withdrawn from or delivered to the Storage

Facility, as applicable, a volume of Gas equal to the IBS Gas quantities

injected into storage or borrowed by Shipper, as the case may be, under this

Rate Schedule. Except as provided under Section 7.3 below, if Shipper fails

to withdraw / re-deliver all IBS Gas quantities on or before the last Day of

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

either (A) in the case of IBS Gas quantities improperly left in the Storage

Facility: (i) attempt to negotiate with Shipper to enter into a new Service

Agreement, on an interruptible basis, related to such IBS Gas quantities (for

example, a new IPS Service Agreement), (ii) take title to IBS Gas quantities

under the provisions of Section 7.2 below, and/or (iii) resort to a

combination of both such remedies; or (B) in the case of IBS Gas quantities

borrowed by Shipper but not returned: (i) attempt to negotiate with Shipper to

enter into a new Service Agreement, on an interruptible basis, related to such

unreturned IBS Gas quantities (for example, a new ILS Service Agreement), (ii)

treat the IBS Gas quantities that have not been re-delivered as a sale of such

IBS Gas quantities to Shipper under the terms set forth in Section 7.2, and/or

(iii) resort to a combination of both such remedies. Freebird’s election to

enter into a new Service Agreement will not prevent it from subsequently

exercising its rights pursuant to Section 7.2 at any time IBS Gas quantities