utilize electronic bidding mechanisms via the internet and

may rely upon electronic records and electronic signatures to facilitate such

bidding and, when used, such electronic records and electronic signatures

shall satisfy any law or regulation that requires a contract or record to be

in writing.


 

3.2 Requests for Service. Freebird will accept requests for Firm storage or

Interruptible storage service for any capacity that becomes available outside

of an open season or that remains available after an open season. Available

capacity shall be posted on Freebird’s Internet Website in accordance with

Commission regulations. Such capacity shall be allocated on a first-come,

first-served basis to the first customer offering to pay a rate for service

that Freebird finds acceptable. Any Potential Shipper wishing to obtain

service from Freebird under Rate Schedule FSS, ISS, IPS, ILS or IBS shall

submit to Freebird a request for service in accordance with the applicable

Rate Schedule. Such request may be delivered in person or by telephone, or

submitted by United States mail, overnight courier service, facsimile

transmission (fax), electronic mail, or through Freebird’s Internet Web Site.

Freebird shall evaluate and respond to Potential Shipper’s request as soon as

possible and at least within five (5) Business Days of its receipt, provided

that Freebird shall not be obligated to sell its capacity if, in Freebird’s

reasonable discretion, the Potential Shipper fails to offer a minimum reserve

amount or otherwise submits an offer containing unreasonable terms and

conditions. If Freebird and the requesting party mutually agree to the rates

the party will pay for a service, as well as all other commercial terms of

such service, Freebird and Shipper will, subject to the requesting party

meeting all "Qualified Shipper" requirements, execute a Service Agreement.

Freebird and Shipper may agree verbally to the commercial terms of service,

with the communication of an offer and the communication of an acceptance of

such terms constituting a valid, binding and enforceable agreement between the

Parties, and for any service agreement which cannot by its terms be completely

performed within one year from the date of such agreement, Freebird and

Shipper will memorialize the terms of such agreement by executing the relevant

Service Agreement. Notwithstanding the foregoing, Freebird will endeavor to

confirm all agreements for service via an executed Service Agreement (whether

or not performance is required within one year) and Shipper shall have three

(3) Days to protest any terms set forth in such Service Agreement which

Shipper thinks does not accurately reflect the verbal agreement made between

Shipper and Freebird; if Shipper does not protest the terms of a Service

Agreement within 3 Days of Freebird’s delivery of such Service Agreement, the

terms set forth in such Service Agreement will be deemed correct. Either

Party may record the telephone calls between the Parties, and each Party

consents to such recording of telephone calls for the purpose of verifying the

commercial terms of service as verbally agreed to by the Parties. If Freebird

rejects any service request, Freebird shall notify the requesting party of the

reason(s) for such rejection. Potential Shipper’s request for service shall

be considered complete only if the information specified in this Section 3 of

these General Terms and Conditions is provided in writing.


 

Requests for service may be sent to:

Freebird Gas Storage, LLC

Attn: Vice President, Marketing

20333 State Hwy 249, Suite 400 Houston, Texas 77070

Phone: (281) 374-3053 Fax: (281) 374-3088