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. 291 Substitute Fourth Revised Sheet No. 291 : Effective

Superseding: Third Revised Sheet No. 291

GENERAL TERMS AND CONDITIONS

FOR RATE SCHEDULE [FSS, ISS]

(Continued)

 

 

8) 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 Schedule FSS 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. Subject to the above, the respective rights and obligations of the parties under this

Agreement shall extend to and be binding upon their heirs, successors, assigns and legal

representatives. 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.

 

9) Any notice, statement, or bill provided for in this Agreement shall be in writing, or if MRT's tariff

requires, via electronic means and shall be considered as duly 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).

 

10) 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.

 

11) 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.

 

12) [THE INTERPRETATION AND PERFORMANCE OF THE 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.]

 

13) [For service at rates other than MRT's applicable maximum Tariff rates, Exhibit A attached hereto is

incorporated into this Agreement in its entirety.]

 

14) [This Agreement supersedes and cancels the Storage Service Agreement dated ______________________

between the parties hereto.] [This Agreement amends and restates the Storage Service Agreement dated

_______________________________ between the parties hereto.]

 

15) [Other Tariff - Permitted Provisions.]