Centerpoint Energy Gas Transmission Company

Sixth Revised Volume No. 1

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Effective Date: 12/20/2008, Docket: RP09-89-000, Status: Effective

Original Sheet No. 737B Original Sheet No. 737B

 

RATE SCHEDULE EFT

TRANSPORTATION SERVICE AGREEMENT

(continued)

 

 

invalid or if Shipper seeks to obtain credits or benefits inconsistent therewith, unless

Transporter otherwise agrees, it will have the right to immediately terminate or modify

any provisions herein or of Attachment A that would allow Shipper to pay amounts less than

the maximum applicable Tariff rate.

 

(ii) Limitation on Agreed Upon Rate: Unless Transporter agrees otherwise, if at any time

receipts and/or deliveries are initially sourced into the system, nominated, scheduled

and/or made, by any means or by operation of any Tariff mechanisms, with respect to the

capacity obtained by, through or under the Agreement at points, or under conditions, other

than those specified herein or on Attachment A, then as of such date, and for the

remainder of the Service Month in which such non-compliance occurred, or the remainder of

the term of the Agreement, whichever is shorter, Shipper shall be obligated to pay no less

than the maximum applicable Tariff rates for service under the Agreement. This limitation

shall not apply to the extent that Transporter has requested Shipper to receive and/or

deliver other than as specified herein or on Attachment A. Such request may be made via

e-mail, in writing, or via Internet Web Site posting, and the document in which such

request is made shall be deemed to amend this Agreement to the extent applicable.

 

(iii)Regulatory Authority: This Agreement (including Attachment A) is subject to Section 16 of

the GT&C of Transporter's Tariff. Transporter and Shipper hereby acknowledge that this

Agreement is subject to all valid and applicable federal and local laws and to the orders,

rules and regulations of any duly constituted federal or local regulatory body or

governmental authority having jurisdiction. Any provision of this Agreement which is

determined by any court or regulatory body having jurisdiction to be invalid or

unenforceable will be ineffective to the extent of such determination only, without

invalidating, or otherwise affecting the validity of, the remaining provisions. Unless

the parties agree otherwise, if Transporter has made a good faith determination that a

federal or local law, or order, rule or regulation of any governmental authority having or

asserting jurisdiction (1) requires performance by Transporter that is inconsistent with

the terms specified herein or on Attachment A, or (2) conditions or prohibits the granting

of selective discounts or other rates specified herein or on Attachment A, then

Transporter may provide notice that it intends to renegotiate the rates under the

Agreement. If the parties fail to reach agreement within forty-five (45) days of any

renegotiation notice given pursuant to the terms of this paragraph, then: (1) the rate

provisions herein or on Attachment A shall be terminated, and the rate for service herein

or under Attachment A shall be Transporter's applicable maximum Tariff rate, or (2) if

Transporter's applicable maximum Tariff rate is greater than the rate for service herein

or on Attachment A, at the Shipper's option, the Agreement and any applicable Attachment

A shall terminate. The effective date of this renegotiation or termination shall be the

first day of the month following the end of the 45-day renegotiation period; provided,

however, that the effective date will comply with the requirements of the applicable

federal or local law, or order, rule or regulation of any governmental authority having or

asserting jurisdiction.

 

(iv) Entire Agreement: Attachment A, if applicable, shall supplement the Agreement with

respect to the matters agreed to, and together shall constitute the entire understanding

of the parties relating to said matters as of the effective date stated therein. Unless

otherwise specified, all prior agreements, correspondence, understandings and

representations are hereby superseded and replaced by Attachment A and the Agreement.

Except as otherwise provided herein, all terms used herein with initial capital letters

are so used with the respective meanings ascribed to them in Transporter's Tariff.

 

(v) Failure to Exercise Rights: Failure to exercise any right under Attachment A, if

applicable, or the Agreement shall not be considered a waiver of such right in the future.

No waiver of any default in the performance of Attachment A or the Agreement shall be

construed as a waiver of any other existing or future default, whether of a like or

different character.