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 15.1.6 fail to perform any obligation to the Company with respect to any Credit Support Obligation(s)relating to the Contract; 15.1.7 fail to give Adequate Assurance of Performance under Section 14 within forty-eight(48)hours but at least one Business Day of a written request by Company; 15.1.8 not have paid any amount due the Company hereunder on or before the second Business Day following written notice that such payment is due;or 15.1.9 consolidate or amalgamate with,or merge with or into,or transfer all or substantially all of its assets to,another entity and,at the time of such consolidation,amalgamation,merger or transfer,the resulting surviving, or transferee entity fails to assume all the obligations of Shipper under the Agreement or these General Terms or the resulting, surviving or transferee entity's credit is materially weaker as determined by the Company acting in good faith and in a commercially reasonable manner; then Company shall have the right,at its sole election and upon written notice,to immediately withhold and/or suspend deliveries or payments and/or to terminate the Agreement in addition to any and all other remedies available hereunder. Company reserves all rights,set-offs,counterclaims,and any defenses to which it may be entitled. 15.2 If an Event of Default has occurred and is continuing, Company shall have the right,by notice to Shipper,to designate a day,no earlier than the day such notice is given and no later than twenty(20)days after such notice is given, as an early termination date (the "Early Termination Date") for the termination all of Company's obligations to transport gas under the Agreement(collectively,the "Terminated Obligations"). On the Early Termination Date,all transportation of natural gas hereunder shall cease. 15.3 As of the Early Termination Date,Company shall determine the following,in good faith and in a commercially reasonable manner:(A)the amount owed(whether or not then due)for all gas transported by Company under Terminated Obligations on and before the Early Termination Date and all other applicable charges relating to such transportation,including but not limited to amounts due Company under to Section 12 hereof. 15.4 As soon as practicable,Company shall invoice Shipper for the amounts due to Company under this Section 15. Shipper shall pay the invoice amount by the close of business on the second Business Day following such the date of the invoice,which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the invoice 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 two percent(2%)per annum,or(ii)the maximum applicable lawful interest rate. 16. LIMITATIONS OF LIABILITY AND FORCE MAJEURE 16.1 Limitations of Liability 16.1.1 Full or partial interruption of gas deliveries during the term of this Contract due to acts of God,the elements,requirements for residential and other uses declared superior to Shipper's use by law,order, rule or regulation ("Law"), damage to Company's pipes or equipment or to other causes or contingencies beyond the control of Company shall not be cause for termination of the Agreement or the basis for any claims. Delivery and receipt of gas under the Agreement shall be resumed whenever any such cause or contingency ends. 16.1.2 FOR BREACH OF ANY PROVISION OR EVENT OF DEFAULT FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED UNDER THE AGREEMENT, APPLICABLE RATE SCHEDULE OR THESE GENERAL TERMS, SUCH First Revised Terms&Conditions Replaces Original T-90,T-91&T-92 Effective 07-11-2019 Terms&Conditions