Reliant Energy Gas Transmission Company

Fourth Revised Volume No. 1

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Effective Date: 07/01/1995, Docket: RP95-331-000, Status: Effective

Original Sheet No. 334E Original Sheet No. 334E : Effective

 

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GENERAL TERMS AND CONDITIONS

 

 

1. Upon Shipper's failure to pay when due all or any part of amounts billed in connection with

services rendered or to comply with the terms of this Agreement, Transporter may terminate this

Agreement and/or suspend service, as appropriate, in accordance with the provisions of Section 14

of the General Terms and Conditions of the Tariff.

 

2. Transporter may terminate this Agreement if it relates to service under Section 311 of the Natural

Gas Policy Act of 1978 ("NGPA") if it also terminates like service for others on a not unduly

discriminatory basis which is consistent with applicable law and regulations.

 

3. Upon termination hereof for whatever reason, Shipper agrees to stop delivering gas to Transporter

for service and, unless otherwise agreed by Transporter, to seek no further service from

Transporter hereunder. Shipper agrees to cooperate with and assist Transporter in obtaining such

regulatory approvals and authorizations, if any, as are necessary or appropriate in view of such

termination and abandonment of service hereunder.

 

4. Termination of this Agreement shall not relieve either party of any obligation that might

otherwise exist to cash-out or correct any Imbalance hereunder nor relieve Shipper of its

obligation to pay any monies due hereunder to Transporter and any portions of this Agreement

necessary to accomplish such purposes shall be deemed to survive for the time and to the extent

required.

 

5. This Agreement shall be subject to the provisions of Rate Schedule IT as well as the General Terms

and Conditions set forth in Transporter's Tariff, as on file and in effect from time to time, all

of which by this reference are made a part hereof.

 

6. Transporter shall have the right at any time, and from time to time, to file and place into effect

unilateral changes or modifications in the rates and charges, and other terms and conditions of

service hereunder, and as set forth in said Rate Schedule and in said General Terms and

Conditions, in accordance with the Natural Gas Act or other applicable law.

 

7. Subject to the provisions of the Tariff and this Agreement, Transporter shall receive, transport,

and deliver, for the account of Shipper for the purposes contemplated herein, on an interruptible

basis a quantity of Gas up to the quantity or quantities specified in the Agreement.

 

8. Gas shall be (i) tendered to Transporter for transportation hereunder at the Point(s) of Receipt

and (ii) delivered by Transporter after transportation to Shipper, or for Shipper's account, at

the Point(s) of Delivery on the terms and at the points shown in this Agreement. Subject to the

provisions of the Tariff, Transporter shall tender for delivery quantities of Gas thermally-

equivalent to those delivered by Shipper, less Compressor or Storage Fuel retained.

 

9. Except as otherwise permitted in the Tariff, this Agreement shall not be assigned by Shipper in

whole or in part, nor shall Shipper agree to provide services to others by use of any capacity

contracted for under the Agreement, without Transporter's prior written consent. In addition to

all other rights and remedies, Transporter may terminate the Agreement immediately if it is

assigned by Shipper or if Shipper subcontracts the capacity to others contrary to the provisions

hereof, 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.

Any person which shall succeed by purchase, merger or consolidation to the properties,

substantially as an entirety, of either party hereto, shall be entitled to the rights and shall be

subject to the obligations of its predecessor in title under this Agreement; and either party may

assign or pledge this Agreement under the provisions of any mortgage, deed of trust, indenture,

bank credit agreement, assignment or similar instrument which it has executed or may execute

hereafter.

 

10. Any notice, statement, or bill provided for in this Agreement shall be in writing and shall be

considered as having been given if hand delivered, or, if received, when mailed by United States

mail, postage prepaid, to the addresses specified therein, or such other addresses as either party

shall designate by written notice to the other. Additionally, notices shall be considered as

having been given, if received, when sent via facsimile or through electronic data interchange.