withdraw each Day a quantity equal to the MDWQ,

or such other lesser quantity acceptable to Freebird. The requirement to

withdraw storage quantities shall be suspended on any Day to the extent that

Freebird cannot accommodate a nomination to withdraw such storage quantities on

such Day. Replacement Shipper may also transfer title of Gas remaining in

Replacement Shipper’s Storage Inventory to another Shipper pursuant to Section

18 of Freebird’s General Terms and Conditions. In the event Replacement

Shipper fails to withdraw or transfer title to its entire Storage Inventory

within the time required by this Section, the terms of Section 8 of the FSS

Rate Schedule shall apply.

Replacement Shipper shall indemnify Freebird and hold it harmless from all

costs, damages, and liabilities arising out of the failure of Replacement

Shipper to remove such Storage Inventory and the disposal of such Storage

Inventory by sale by Freebird.


 

5. PRIORITY, SERVICE INTERRUPTION AND OPERATIONAL FLOW ORDERS

5.1 Scheduling Priority of Service. Flows will be scheduled on Freebird in

the following order of declining priority:


 

(a) Firm Storage Service (FSS).

(b) Interruptible service, including storage, parking, loan, balancing

services, and Overrun Quantities, pursuant to Section 5.2

below.


 

5.2 Interruptible Service. The order of priority relating to service requests

for Overrun injection, Overrun withdrawal and service under Rate Schedules

ISS, IPS, ILS, and IBS shall be allocated to each Shipper on a unit price/Dth

basis.


 

5.3 Interruption.

(a) If, on any Day, Freebird’s capability to inject or withdraw quantities is

impaired so that Freebird is unable to inject or withdraw all the quantities

which are scheduled, then interruption of service shall be made in the reverse

order of priority set forth in Section 5.1. Interruption of service to

Interruptible Shippers under Rate Schedules ISS, IPS, ILS, and IBS and to Firm

Shippers and Interruptible Shippers utilizing Overrun Quantities shall be on a

unit price/Dth basis. If Firm storage service must be interrupted,

interruption of service to Firm storage Shippers shall be pro rata based on

MDWQ, MDIQ or MSQ, as applicable.


 

(b) If a capacity constraint is anticipated or planned (for example, due to

system maintenance) Freebird shall post a notice of the anticipated constraint

on its Internet Web Site at least 48 hours in advance of the start of the

constraint period.


 

(c) Freebird shall provide Shippers as much advance notice of any interruption

as is practicable under the circumstances. Such notice shall be made by

telephone, fax, e-mail or via the Internet Web Site, as appropriate, and shall

state the reduced quantities of Gas that Freebird estimates it will be able to

park, loan, store, inject, withdraw, receive or deliver, as applicable, and

the estimated duration of the interruption.