09-13-19 CenterPoint Energy - Rate for Transportation Service Rate

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CENTERPOINT ENERGY ENTEX GENERAL TERMS AND CONDITIONS FOR TRANSPORTATION SERVICE RATE SCHEDULES T-90,T-91&T-92 13.2 Shipper shall remit the amount due under Section 13.1 no more than five(5)days after receipt of Company's invoice("Payment Date")in immediately available funds. If the Payment Date is not a Business Day,payment is due on the next Business Day following that date. 13.3 If Shipper,in good faith,disputes the amount or any part of such invoice,then Shipper shall pay such amount as it concedes to be correct;provided,however,if Shipper disputes the amount due,it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Shipper fails to remit the full amount payable when due,interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of(i)the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Shipper chall have the right,at their own expense,upon reasonable notice at reasonable times,to examine and audit and to obtain copies of the relevant portion of the books,records,and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment,or computation made under the Agreement. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or billings are objected to in writing,with adequate explanation and/or documentation,within two (2)years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty(30)days of notice and substantiation of such inaccuracy. 14. SSURANCE OF PERFORMANCE If Company has commercially reasonable grounds for insecurity regarding the performance of any obligation under the Agreement or these General Terms(whether or not then due)by Shipper(including,without limitation,the occurrence of a material change in the creditworthiness of Shipper or its guarantor or credit support provider),Company may demand Adequate Assurance of Performance. "Adequate Assurance of Performance" means Shipper's provision of Credit Support Obligation(s) or additional Credit Support Obligation(s) in a form, amount and for the term reasonably acceptable to Company. "Credit Support Obligation(s)" means Shipper's obligation(s) to provide or establish credit support for,or on behalf of,Company such as an irrevocable standby letter of credit,a margin agreement,a prepayment, a security interest in an asset,a performance bond,guaranty,or other good and sufficient security of a continuing nature acceptable to Company. 15. EVENT OF DEFAULT AND EARLY TERMINATION 15.1 In the event(each an"Event of Default")Shipper or its guarantor shall: 15.1.1 Make an assignment or any general arrangement for the benefit of creditors; 15.1.2 file a petition or otherwise commence,authorize,or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; 15.1.3 otherwise become bankrupt or insolvent(however evidenced); 15.1.4 be unable to pay its debts as they fall due; 15.1.5 have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; First Revised Terms&Conditions Replaces Original T-90,T-91&T-92 Effective 07-11-2019 Terms&Conditions