receipt of a request for such information. Information on the most

recent entries will appear ahead of older information.


 

27.4 Freebird shall post at least four times a day on the Internet Web Site

information relevant to the availability of Firm and Interruptible capacity in

its System. The PAS System and the Internet Web Site will note whether the

capacity is available from Freebird directly or through Freebird’s capacity

release mechanism as set

forth in Section 4 of the General Terms and Conditions. The PAS System and

the Internet Web Site shall provide the best available information about

imbalances on a daily basis. The PAS System and the Internet Web site shall

also include information allowed or required to be posted thereon by other

provisions of this FERC Gas Tariff including Section 4, information which

Freebird is required to post pursuant to the Commission’s regulations, or

other information Freebird chooses to post in furtherance of the operation of

its System.


 

27.5 Electronic Notification. For generic, system-wide notices, any

provisions of this FERC Gas Tariff requiring that these matters be written or

in writing are satisfied by Freebird utilizing electronic transmission through

the Internet Web Site or PAS System in accordance with the procedures for

utilization of the PAS System. Critical Notices will be in a separate

category from notices that are not critical. The provisions of this FERC Gas

Tariff requiring that certain matters be written or in writing are satisfied

by Shipper utilizing electronic transmission through the Internet Web Site or

PAS System in accordance with the procedures for utilization of the PAS

System. All other provisions, including Service Agreement-specific notices,

requiring items or information to be written or in writing remain unchanged

unless otherwise agreed by Freebird and Shipper. Freebird will use electronic

mail (e-mail) in order to facilitate certain notifications to Shippers as

required by this FERC Gas Tariff; Shipper shall provide Freebird with at last

one e-mail address to which these notifications can be sent, and shall be

responsible for updating such information as necessary. In addition to the

requirement specified in Section 5 of these General Terms and Conditions to

post notices on the Internet Web Site, Freebird shall provide such

notifications via e-mail communication to those Shippers that have provided

such e-mail address information and have requested, via the PAS System, e-

mail notification of Critical Notices issued by Freebird.


 

27.6 Liability.

(a) Freebird shall not be liable to the PAS System Subscriber or Internet Web

Site user nor any other party for damages for any act, omission or

circumstance related to the PAS System or the Internet Web Site occasioned by

or in consequence of any event of Force Majeure as defined in Section 15 of

these General Terms and Conditions. To the extent the information displayed

on the PAS System or the Internet Web Site is originated solely by Freebird

and such information is subsequently determined to be inaccurate, the PAS

System Subscriber or the Internet Web Site user shall not be subject to any

penalties otherwise collectible by Freebird based on Shipper conduct

attributable to such inaccuracy during the period the inaccurate information

was displayed on the PAS System or the Internet Web Site.


 

(b) PAS System Subscriber shall defend, indemnify and hold harmless Freebird

from and against any and all claims, demands and/or actions, and any and all

resulting loss, costs, damages, and/or expenses (including court costs and

reasonable attorney’s fees) of any nature whatsoever, that may be asserted

against or imposed upon Freebird by any party as a result of the unauthorized

or otherwise improper use of any user identification and/or password issued to

or by a PAS System Subscriber or any other unauthorized or improper use of the

PAS System by any PAS System Subscriber unless such improper use is the result

of Freebird’s negligence or willful misconduct, including, but not limited to,

distribution of