Centerpoint Energy Gas Transmission Company

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-567-000, Status: Effective

Fourth Revised Sheet No. 729B Fourth Revised Sheet No. 729B

Superseding: Third Revised Sheet No. 729B

 

[FIRM (RATE SCHEDULE [FT])][FIRM WHEELING (RATE SCHEDULE PHS)]

TRANSPORTATION SERVICE AGREEMENT

(continued)

 

[(e) Inability to Collect Negotiated Rates: If this Agreement covers a Negotiated Rate transaction,

and Transporter is unable to collect Negotiated Rates due to a change in Commission policy or

rejection of the transaction by the Commission prior to or during the term of such transaction,

then, unless the parties agree otherwise, Shipper shall pay the maximum Tariff rate for the

services. In such event, Transporter shall notify Shipper in writing of the requirement to pay

maximum Tariff rates and, if the maximum Tariff rates are greater than the Negotiated Rates

under such transaction, Shipper shall have no more than thirty (30) days from the date of such

notification to give notice in writing of termination of the applicable Agreement, with such

termination to be effective no earlier than the end of the Month following the Month in which

such termination notice is received.]]

 

[5) OTHER PROVISIONS:

 

5.1) Payments shall be received by Transporter within the time prescribed by Section 14 of the GT&C

of Transporter's Tariff. Amounts past due hereunder shall bear interest as provided in Section

14 of the GT&C of the Tariff. Shipper shall pay all costs associated with the collection of

such past due amounts including, but not limited to, attorneys' fees and court costs. Shipper

hereby represents and warrants that the party executing this Agreement on its behalf is duly

authorized and possesses all necessary corporate or other authority required to legally bind

Shipper.

 

5.2) Do the parties agree that the provisions of Section 13.4 of the GT&C of Transporter's Tariff

shall apply with respect to third-party transportation?

Yes: ____ No ____

[If Yes, the terms and conditions of such third-party transportation are described [as

follows:] [on Attachment A]]

 

5.3) a) Does this Agreement supersede and cancel a pre-existing Transportation Service Agreement(s)

between the parties?

Yes: ____ No ____

[If Yes, the Transportation Service Agreement(s) are described [as follows: ] [on

Attachment A]]

 

b) Does this Agreement amend and restate in its entirety a pre-existing Transportation Service

Agreement(s) between the parties?

Yes: ____ No ____

[If Yes, the Transportation Service Agreement(s) are described [as follows: ] [on

Attachment A]]

 

5.4) Is this Agreement entered into pursuant to and subject to CAPACITY RELEASE, Section 19 of the

GT&C of Transporter's Tariff?

Yes: ____ No ____

[If Yes, the rights of Shipper hereunder are predicated upon the release of capacity at the

rates and terms and conditions described in the award of such capacity][.][, as subsequently

amended herein.]

 

5.5) Does this Agreement include any other terms/provisions permitted by the Tariff?

Yes: ____ No ____

[If Yes, those provisions (including a specific reference to the Tariff authority for each such

provision) are [as follows:] [described on Attachment A]]

[For firm wheeling (Rate Schedule PHS) agreements, Shipper [has][does not have] the right to

use an Aggregation Point in lieu of its Primary Receipt Point(s) as a Receipt Point under this

Agreement.]

[INSTRUCTIONS: If capacity committed under Agreement was created by construction of new or

expanded facilities and special collateral or credit provisions, which were negotiated prior to

construction in a precedent or other agreement, are to continue during term, insert the

following:

5.6) This Agreement is subject to the collateral or credit provisions

set forth on Attachment [A] [B], attached hereto.]