deliver Non-Spec Gas under that Service Agreement, but no other, and Freebird

will have the continuing right to require Shipper to bring its prospective

deliveries under that Service Agreement into compliance with the Required

Specifications within a specified period of time, as determined in Freebird’s

sole discretion. Upon delivery of Non-Spec Gas that Freebird has not

expressly allowed or which Shipper does not bring into compliance in the time

period specified by Freebird, the receipt of such Non-Spec Gas may be

terminated immediately and notification of such termination may occur after

the fact. Failure by either Freebird or Shipper to tender Gas deliveries that

conform to the Required Specifications shall not be construed to eliminate,

or limit in any manner, Freebird’s or Shipper’s rights and obligations

existing under any other provision of any Service Agreement.


 

9.3 Hazardous Substances. Shipper agrees to supply or cause to be supplied to

Freebird upon demand, at any time and from time to time, a sample of liquids

removed from the gas stream at any Point of Injection, whether removed by a

coalescer or otherwise, for analysis at a laboratory of Freebird's choosing.

If at any time PCBs or any other toxic substances or chemicals that Freebird

deems hazardous and/or in any way unsafe for transportation are found in the

liquid samples supplied to Freebird by Shipper, Freebird may in its sole

discretion immediately cease the receipt of such gas and any associated

liquids. Upon adequate proof that such toxic or hazardous substances are no

longer present at levels deemed unsafe by Freebird, Freebird shall restore

service to Shipper at the affected Point of Injection.


 

9.4 Shipper shall indemnify and hold Freebird harmless against all claims,

damages, and expenses (including, without limitation, reasonable attorneys’

fees and costs of litigation, notwithstanding anything to the contrary in this

Gas Tariff or in any Service Agreement) suffered by Freebird to the extent

such claims, damages, and/or expenses arise from Shipper’s delivery of gas not

in conformance with the Required Specifications ("Non-Spec Gas"), whether or

not Freebird agreed to accept such Non-Spec Gas under Section 9.2 above.


 


 

10. PRESSURE AND INJECTION/WITHDRAWAL RATES

10.1 Injection Pressures. Shipper shall deliver or cause to be delivered to

Freebird all Gas for parking or injection at the Point of Injection/Withdrawal

at pressures not less than 550 psig and not in excess of the maximum allowable

operating pressure ("MAOP") on Freebird’s System at the Point of

Injection/Withdrawal. Freebird shall be responsible for maintaining

facilities at such Point of Injection/Withdrawal to permit Shipper to deliver

Gas to Freebird at such allowed pressures.


 

10.2 Withdrawal Pressures. Freebird shall make Gas available to Shipper at

pressures that are high enough to allow gas to enter the pipeline facilities

at the Point of Injection/Withdrawal against the operating pressures

maintained by Transporter. Freebird shall not be required to make Gas

available at pressures in excess of those required by Transporter or in excess

of Transporter’s maximum allowable operating pressure (MAOP), not to exceed

936 psig.


 

10.3 Injection and Withdrawal Rates. Notwithstanding Sections 10.1 and 10.2

above, Freebird has designed its System to store, inject and withdraw Gas

based on "normal" operating pressures maintained by the Transporter at the

Point of Injection/Withdrawal with allowances for reasonable fluctuations, and

consistent with an hourly rate of flow as provided for in Section 8.3. In the

event that conditions on the Transporter’s system vary substantially from this

normal" design condition coincident with high levels of Shipper injection or

withdrawal activity, Freebird’s capability to inject or withdraw the quantities

set forth