(g) the Parties’ execution of Service Agreement(s) shall be deemed to be a

statement of the fact that advances have been made and/or liabilities

incurred.


 

in the event of a future revision to Title 7 of the Alabama Code incorporating

additional or different "storage agreement" and/or "warehouse receipt"

requirements, Shipper and Freebird will amend their relevant Service

Agreement(s) so that Freebird shall always maintain such lien throughout the

term of such Service Agreement(s).


 

3.9 Right of Set-Off. If either Party (for purposes of this Section, the

"Delinquent Party") fails to pay in full any amount owing to the other Party

(for purposes of this Section, the "Non-Receiving Party") under any Service

Agreement within five (5) Days after such amount becomes due, then, in

addition to all other remedies available to it under this Gas Tariff, the

Service Agreement, at law, in equity or otherwise, the Non-Receiving Party may

set off the overdue amount against amounts otherwise owing by the

Non-Receiving Party to the Delinquent Party under this Gas Tariff, the Service

Agreement or any other agreement between the Parties.


 

3.10 Request Validity. If Freebird has tendered a Service Agreement for

execution to a Potential Shipper and such Potential Shipper fails to execute

the agreement as tendered within thirty (30) consecutive days from the date

the agreement is received by the Potential Shipper, Freebird may consider

Potential Shipper’s service request void. For service under Rate Schedule

FSS, Freebird will not be required to tender a Service Agreement to a

Potential Shipper for execution that relates to requests for service for which

Freebird does not have available, uncommitted Firm capacity.


 

3.11 Complaints. In the event that a Shipper or Potential Shipper has a

complaint relative to service under this FERC Gas Tariff, the Shipper or

Potential Shipper shall provide a description of the complaint, including the

identification of the service request (if applicable), and communicate it

to:


 

Freebird Gas Storage, LLC 20333 State Hwy, Suite 400 Houston, TX

77070 Attention: Vice President, Marketing Phone: (281)

374-3053


 

Freebird will respond initially within forty-eight (48) hours and in

writing within thirty (30) days of receipt of the complaint advising

Shipper or a Potential Shipper of the disposition of the complaint. In

the event the required date of Freebird’s response falls on a Saturday,

Sunday or a holiday that affects Freebird, Freebird shall respond by the

next Business Day.


 

3.12 Information.

(a) Any person may request information on pricing, terms of storage or parking

service or capacity availability by contacting Freebird at the

following:


 

Freebird Gas Storage, LLC

20333 State Hwy, Suite 400 Houston, TX

77070 Attention: Vice President, Marketing

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