(d) If interruption is required, Freebird and Shipper shall cooperate to the

maximum extent possible in making adjustments to receipt, deliveries,

injections or withdrawals to minimize injury to any property or

facilities.


 

5.4 Interruption Liability. Freebird shall not be liable for any loss or

damage to any person or property caused, in whole or in part, by any

interruption of service, except to the extent caused solely by Freebird’s

negligence or willful misconduct.


 

5.5 Operational Flow Orders.

(a) Circumstances Warranting Issuance. As specified in this Section 5.5,

Freebird shall have the right to issue Operational Flow Orders ("OFO") that

require actions by Shippers in order (1) to alleviate conditions that threaten

to impair reliable service, (2) to maintain operations at the pressures

required to provide efficient and reliable services, (3) to have adequate Gas

supplies in the System to deliver on demand, (4) to maintain service to all

Firm shippers and for all Firm services, and (5) to maintain the System in

balance for the foregoing purposes. Freebird shall lift any effective OFO

promptly upon the cessation of operating conditions that caused the relevant

System problem.


 

(b) Actions to be Taken to Avoid Issuance. Freebird shall, to the extent

reasonably practicable, take all reasonable actions necessary to avoid issuing

an OFO. Such actions shall include, in order of priority (1) working with

point operators to temporarily adjust receipts and/or deliveries at the Point

of Injection/Withdrawal, (2) working with Shippers and point operators to

adjust scheduled flows on the System, or (3) taking any other reasonable

action designed to mitigate the System problem. After taking all such

reasonable actions to avoid issuing an OFO, Freebird will have the right to

issue OFOs, if necessary, in the circumstances described in Section

5.5(a).


 

(c) Preliminary Notifications/Follow-up Reports. Freebird shall provide, via

posting on the Internet Web Site and to affected parties through the affected

party’s choice of electronic notice delivery mechanism(s), prior notice to all

Shippers and point operators of upcoming System events such as anticipated

weather patterns and operational problems that may necessitate the issuance of

an OFO.


 

(d) Applicability of OFO. Freebird shall make an OFO as localized as is

reasonably practicable based on Freebird’s good faith and reasonable judgment

concerning the situations requiring remediation such that an OFO will be

directed first to Shippers and point operators causing the problem

necessitating the OFO and second, if necessary, to all Shippers and point

operators. Freebird will tailor the OFO to match the severity of the known or

anticipated operational problem requiring remediation as more fully set forth

in subsection 5.5(f). The declaration to the affected parties of OFOs,

critical periods and/or Critical Notices shall describe the conditions and the

specific responses required from the affected parties.


 

(e) Notice. All OFOs will be issued via telephone to be followed by a

facsimile to the affected Shipper(s) or point operator(s), with subsequent

posting on the Internet Web Site and notification to the affected parties

through the affected party’s choice of electronic notice delivery

mechanism(s). Freebird shall also provide such notification via e-mail

communication to those Shippers and point operators that have provided e-mail

address information for at least one contact person, and have requested via

Freebird’s Internet Web Site, e-mail notification of Critical Notices issues

by Freebird. The OFO will set forth (1) the time and date of issuance, (2)

the actions Shipper or point operator is required to take, (3) the time by

which Shipper or point operator must be in compliance with the OFO, (4) the

anticipated duration of the OFO, and (5) any other terms that Freebird may

reasonably require to ensure the effectiveness of the OFO. In addition