(e) Notices provided under this Section 8.2 must be submitted in writing via

the Internet Web Site and, if such notice is related to an evening or Intraday

nomination, via telephone call to the number provided in the relevant Service

Agreement. Shipper shall provide notice of any changes in deliveries to or

receipt from Freebird to Transporter and shall be responsible for, and shall

hold Freebird harmless from, any and all liabilities and expense resulting from

any such changes, unless the added expense is due to the negligence of

Freebird.


 

8.3 Shipper shall make available and tender any Gas to be injected hereunder

and receive and accept delivery, upon tender by Freebird, any Gas requested to

be withdrawn from storage. The quantity of Gas stored for the account of

Shipper shall be increased or decreased upon injection or withdrawal of Gas

from storage, as applicable. Shipper shall not (unless otherwise agreed by

Freebird in Shipper’s Service Agreement) receive or deliver Gas, nor shall

Freebird be obligated to receive Gas or deliver Gas, on an hourly basis at

rates of flow in excess of 1/24 of Shipper’s MDIQ or MDWQ, respectively.


 


 

8.4 Freebird shall always have the right to reject a nomination, and shall

have no liability to Shipper or any other Person in connection with such

rejection of service, if under such nomination any requirement of this Gas

Tariff or of the Shipper’s Service Agreement has not been met (and, if

applicable, maintained) at the time of such nomination.


 

8.5 Nominations made in accordance with this Article 8 shall not become

effective until Freebird has confirmed both the nominated receipts and

deliveries with all Transporters. A nomination made in accordance with this

Article 8 shall be binding on Freebird and Shipper, subject to the terms of

this Gas Tariff and the applicable Service Agreement, and shall remain in

effect until duly changed, interrupted by Freebird or a Transporter for

operational reasons or, if for Interruptible Service, to serve shippers with a

higher service priority, or is otherwise interrupted in accordance with the

terms of this Gas Tariff or the applicable Service Agreement.


 

8.6 Shipper’s nomination shall be in good faith and shall be based on

Shipper’s reasonable efforts to estimate the quantity of Gas to be injected or

withdrawn for the next hour, day, week or month. Shipper may not inject and

withdraw simultaneously without the approval of Freebird; Freebird will grant

or deny requests to do so on a non-discriminatory basis.


 


 

8.7 Default confirmation procedures shall be as follows:

(a) With respect to the timely nomination/confirmation process at a Point of

Injection/Withdrawal, in the absence of agreement to the contrary, the lesser

of the confirmation quantities shall be the confirmed quantity. If there is

no response to a request for confirmation or an unsolicited confirmation

response, the lesser of the confirmation quantity or the previously scheduled

quantity shall be the new confirmed quantity.


 

(b) With respect to the processing of requests for increases during the

Intraday nomination/confirmation process, in the absence of agreement to the

contrary, the lesser of the confirmation quantities shall be the new confirmed

quantity. If there is no response to a request for confirmation or an

unsolicited confirmation response, the previously scheduled quantity shall be

the new confirmed quantity.


 

(c) With respect to the processing of requests for decreases during the

Intraday nomination/confirmation process, in the absence of agreement to the

contrary, the lesser of the confirmation quantities shall be the new confirmed

quantity, but in any event no less than the Elapsed Prorated Scheduled

Quantity. If there is no response to a request for confirmation or an

unsolicited confirmation response, the