Centerpoint Energy - Mississippi River
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/10/2006, Docket: RP06-267-001, Status: Effective
Substitute Fourth Revised Sheet No. 265 Substitute Fourth Revised Sheet No. 265 : Effective
Superseding: Third Revised Sheet No. 265
GENERAL TERMS AND CONDITIONS
FOR RATE SCHEDULE [FTS, SCT, ITS]
(Continued)
9) In the event that MRT places on file with the Commission another rate schedule which may be applicable
to service rendered hereunder, then MRT, at its option, may, from and after the effective date of such
rate schedule, utilize such rate schedule in the performance of this Agreement. Such rate schedule or
superseding rate schedule(s) and any revisions thereof which shall be filed and become effective shall
apply to and be a part of this Agreement. MRT shall have the right to propose, file and make effective
with the Commission, or other body having jurisdiction, changes and revisions of any effective rate
schedule(s) and/or General Terms and Conditions, or to propose, file, and make effective superseding
rate schedules and/or General Terms and Conditions, for the purpose of changing the rates, charges, and
other provisions thereof effective as to Customer.
10) Except as provided in this paragraph, this Agreement shall not be assigned by Customer in whole or in
part without MRT's prior written or electronic consent, which consent shall not be unreasonably
withheld. Customers under Rate Schedules FTS and SCT may release their capacity consistent with the
terms and conditions of the applicable rate schedule and the General Terms and Conditions of MRT's
tariff. Additionally, Customer may request that MRT consent to Customer's assignment of this
Agreement, in whole, to an entity affiliated with Customer. For firm contracts, MRT will only consent
to assignment of the contract to a Customer's affiliate, subject to the assignee's satisfaction of the
criteria in Section 5.4(k), GT&C, in the situation in which, after Customer obtains the contract, a
corporate reorganization results in a transfer to an affiliate of the function for which the capacity
was obtained. For interruptible contracts, MRT will consent to such assignment, subject to the
assignee's satisfaction of the criteria in Section 5.4(k), General Terms and Conditions, unless there
is a reasonable basis to withhold MRT's consent. Any entity that succeeds by purchase, merger,
consolidation or otherwise to the properties of Customer, substantially as an entirety, shall be
entitled to the rights and shall be subject to the obligations of its predecessors in title under this
Agreement. In addition to all other rights and remedies, MRT may terminate the Agreement immediately
if it is assigned by Customer without MRT's consent, whether the assignment or contract be voluntary or
by operation of law or otherwise. Subject to the above, the respective rights and obligations of the
parties under the Agreement shall extend to and be binding upon their heirs, successors, assigns and
legal representatives.
11) Any notice, statement, or bill provided for in this Agreement shall be in writing (or, if this tariff
requires, via electronic means) and shall be considered as fully delivered when hand-delivered,
telecopied, or when received by the other party if mailed by United States mail, postage prepaid, to
the addresses specified herein (unless and until either party notifies the other, in writing, of a
change in its address).
12) Each party shall notify the other in writing of the name, address, telephone number, telecopy number
and e-mail address of the person or persons who shall have authority to act for such party in
connection with this Agreement, and operating notices shall thereafter be served upon such person or
persons.
13) This Agreement constitutes the entire agreement between the parties and no waiver, representation or
agreement, oral or otherwise, shall affect the subject matter hereof unless and until such waiver,
representation or agreement is reduced to writing or, if MRT permits or requires, otherwise
memorialized via electronic means, and executed by authorized representatives of the parties. No
waiver by either Customer or MRT of any one or more defaults by the other in performance of any of the
provisions of the Agreement shall operate or be construed as a waiver of any other existing or future
default or defaults, whether of a like or of a different character.
14) [THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE
OF ______________________________, EXCLUDING CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE
APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION.]
15) [For firm service, Exhibit(s) A [and B] attached hereto is/are incorporated into this Agreement in
its/their entirety.] [For interruptible service, Exhibit B attached hereto is incorporated into this
Agreement in its entirety.]
16) [This Agreement supersedes and cancels the Service Agreement dated ________________________ between the
parties hereto.] [This Agreement amends and restates the Service Agreement dated
_____________________between the parties hereto.]
17) [Other Tariff - Permitted Provisions.]