2727 COLBY AVE EIGHT BALL CAFE 2018-09-07

DocuSign Envelope ID:45EEE1A9-A956-4802-A4B0-91C7431D0708 TERMS OF SERVICE CONTRACT GENERAL This Service Contract represents the entire understanding and Service Contract between the Customer("Customer")and Puget Sound Energy("PSE")and supersedes any and all prior Service Contracts,whether written or oral,that may exist between the parties.All matters not specifically agreed to or identified herein including but not limited to the proposed extension of distribution facilities,and natural gas consumption,are governed by the Washington Administrative Code("WAC")and the WN U-2 tariff("Tariff')for PSE on file with the Washington Utilities and Transportation Commission("WUTC"),as such Tariff may be revised from time to time upon approval of the WUTC.Any conflict in terms between this Service Contract and PSE's Tariff shall be resolved in favor of such Tariff. Provided,however,that any price quoted will be honored for three(3)months. FACILITY EXTENSION PSE agrees to install for Customer the natural gas distribution facility extension described on the front of this Service Contract.This facility extension at all times will remain the property of PSE.Customer in turn agrees to(a)pay the amount,if any,due for the extension;(b)make the payments to PSE as required by this Service Contract,if applicable;and(c)abide by terms and conditions stated herein. CUSTOMER PAYMENT All applications to extend distribution facilities to Customers are subject to Rule No.6 of PSE's Tariff to determine if an extension or modification is justified without additional customer payment and the level of additional customer payment,if required. SECURITY DEPOSIT If a security deposit is noted on the front of this Service Contract,the Customer is required to post a security deposit. The amount of the deposit is for advance security and will not limit the other remedies otherwise available to PSE. The Customer authorizes PSE to run a credit report on the Customer for purposes of determining credit worthiness for the facilities installation or modification. The Customer agrees to provide a security deposit and other remedies if required by PSE. PAYMENT SCHEDULE Customer's payment period will be the same as the natural Gas Service account,or a period equivalent to the calendar month if no natural Gas Service account is established. EXTRAORDINARY COSTS Charges shown on the front of this Service Contract are based on PSE's estimated construction costs at the time this Service Contract is prepared.Any additional requirements imposed by government authorities that are not included in the original estimated costs are considered extraordinary costs. PSE reserves the right to revise the charges shown on the front of this Service Contract if costs other than standard construction costs are imposed by any government authority after this Service Contract is signed.Extraordinary cost(s)caused by a customer request becomes the direct responsibility of the Customer.PSE will make a reasonable effort to identify these extraordinary costs prior to the signing of this Service Contract. LATE CHARGES If payment is not received by the due date,a late charge may be assessed in accordance with the PSE's Tariff,as described in Rule No.9: Bills and Payment for Service. CUSTOMER UNABLE TO ACCEPT SERVICE CHARGE If PSE shows up to a scheduled appointment to install distribution facilities and the Customer has not complied with PSE specifications,such as having the construction route cleared and to grade,providing trench,or obtaining necessary inspections or permits,the Customer may be charged the crew,equipment, and other costs associated with the trip. UNUSED FACILITIES EXTENSIONS If PSE provides a facilities extension and the Customer fails to commence natural gas usage within twenty-four(24)months from the date of installation,PSE will bill the Customer for Line Extension Costs. RIGHTS OF WAY If PSE determines that is it necessary to obtain Operating Rights to perform any work,it shall be the Customer's responsibility to obtain such Operating Rights in a form acceptable to PSE prior to construction.If PSE chooses to obtain such Operating Rights,all costs associated with said acquisition shall be the responsibility of the Customer.If the cost to obtain adequate Operating Rights exceeds or is less than the original estimated line extension costs,PSE reserves the right to adjust the charges due from the Customer.PSE shall not be required to provide service,and may interrupt or discontinue service,if all or any portion of its facilities or Operating Rights are taken through the exercise of the power of eminent domain or are taken under threat thereof or are otherwise lost, terminated,or canceled. OWNERSHIP OF FACILITIES PSE shall own,operate,maintain and repair all natural gas distribution facilities installed by or for PSE,including replacement of such facilities if necessary so long as such replacement is not inconsistent with this rule or a contract governing such facilities. PSE shall not own and shall have no responsibility to operate, maintain,repair or replace any natural gas distribution facilities that were not installed by or for PSE. METER PROTECTION It is the Customer's responsibility to provide adequate protection for the natural gas meter(s)per PSE specifications in accordance with PSE's Tariff,as described in Rule No.13: Customer's Responsibility. DEFAULT Time is of the essence and the occurrence of either of the following shall constitute and be defined as a Default:(1)any failure by Customer to pay when due any payment required by this Service Contract;or(2)any failure by Customer to perform any provision required by this Service Contract or by law.Whenever a Default shall occur,PSE or assigns may,at its option,at any time thereafter and without notice,as allowed by law,accelerate payment of the unpaid balance and demand and be entitled to immediately receive from Customer the unpaid balance plus any earned interest and late charges.Customer agrees to pay on demand the amount of all expenses reasonably incurred by PSE or assigns in an effort to collect the balance due hereunder and to minimize PSE's loss.In the event that this Service Contract is referred to an attorney for protecting,collecting or defending PSE's interest,Customer agrees to pay PSE's reasonable attorney fees and legal expenses. CANCELATION POLICY The Customer will have three(3)business days to cancel this Service Contract from the date of Customer's signing.The Customer may cancel the Service Contract after that time but PSE may choose to bill the Customer for any costs incurred up to that point. Rev Date:02/24/2017 `,. )� )