New Construction Service Agreement

Terms and Conditions

• A. All construction contributions must be paid to NW Natural before construction will begin. Once the construction contribution amount is paid, it will not be adjusted, except as provided in Sections I and J.
• B. In the event that Applicant is unable to perform its obligations herein due to an act of God beyond its reasonable control, Applicant shall immediately notify NW Natural and describe the particulars of such cause. NW Natural may, in its sole discretion, determine that it is necessary to suspend or reduce Applicant's obligations for a reasonable period of time, or until removal of the cause.
• C. This Agreement embodies and constitutes the complete understanding of the parties with respect to the subject matter hereof, with all prior agreements, understandings and statements written or oral, being merged into this Agreement.
• D. Neither this Agreement nor any provision of it may be waived, modified, amended, discharged or terminated except by a writing signed by the party against whom the modification is to be enforced.
• E. Applicant agrees to use and pay for gas service in accordance with the applicable Tariff Schedule(s) and General Rules and Regulations of NW Natural, approved by the Oregon Public Utility Commission and Washington Utilities and Transportation Commission, as amended from time to time. Where a meter is installed at the premise, whether or not the gas appliances specified in this Agreement have been installed by the Applicant, the Company shall bill the Applicant the minimum monthly bill amount specified in the applicable Rate Schedule.
• F. If a service account has not been activated with NW Natural and gas has not been used within three (3) months from the date gas was installed at the site, NW Natural shall bill and Applicant shall pay for actual construction costs and expenses of the installation, less any construction contribution paid. Further, if any of the equipment committed in the attached Agreement has not been installed and connected within such time period, NW Natural shall bill and Applicant shall pay for the difference in charges, if any, between the equipment committed to be installed and connected under the Agreement and the equipment actually installed and connected.
• G. NW Natural or its Agent shall install all distribution facilities, and reserves the right to designate the location of said facilities. Rights of way or easements may be required if any of the distribution facilities must cross property owned by Applicant or a third party.
• H. Applicant is responsible for the installation and maintenance of appliances and house lines, and is responsible for assuring that all equipment and house line installations conform with applicable laws, codes, and ordinances of all governmental authorities having jurisdiction.
• I. Applicant is responsible for notifying NW Natural of any equipment installations or removals at the premise during the three (3) year period following the construction of facilities for the purpose of determining whether or not an adjustment to the original construction contribution is appropriate; to determine if a refund situation exists; or to determine if a change in rate schedule is appropriate.
• J. A full or partial refund of a construction contribution may be available for a three (3) year period following the date the distribution facilities are installed as provided under NW Natural's Tariff, Schedule X (Oregon) or Schedule E (Washington).
• K. Any refund will be paid only to the Applicant that signed this Agreement, unless otherwise specified in writing by the Applicant. Any amount not refunded during the three (3) year refund period shall be retained by NW Natural. Applicant is responsible for notifying NW Natural of any change in mailing address during the three-year refund period. If NW Natural is unable to locate the Applicant when a refund is due, the amount will be handled as directed under applicable Oregon or Washington law.
• L. This Agreement shall be null and void if not accepted by the Applicant's signing and returning same to NW Natural within sixty (60) calendar days from the date shown at top of the front page.