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<br />7. RETENTION: TXUGO may retain a percentage of the gas received for U3IlSpon (the "Relention Volume") and will uke title to <br />such volume of gas as a part of the Transponation Service Rate. Such percentage will be TXUGO's most recently established <br />companywide disuibution lost and unaccounted for Bas percentage calculated as provided in 16 T AC Section 7.52(3 )(8) lre3tin[! all <br />TXUGO distribution systems as one system. The presently established percentq:c is q.. <br /> <br />8. If Customer electS uansportation service hereunder. Customer a~s: (a) that TXUGD's receipt and delivery of uanspon gas <br />under the terms and provisi9ns of this Contract is subject 10 limitation. interruption or discontinuation and TXUGO will never be <br />liable in damages or otherwise on account of having sa interrupted or discontinued such receipts or deliveries of las~ (b) to assume <br />any and all risks. including. but not limited la, Ion profits. damaged or destroyed fadlitics;loSl or dama!!ed production, dama~cd or <br />destroyed machinery and/or equipment, and the failure of Customer's facility andlor business due to an interruption or discontinuance <br />of Customer's transport gas supply or of the transportation of such gas under this ContraCt; and (c) to indemnify and hold TXUaO <br />harmless from and against any and all damages. costs, losses and expenses (including: reasonable attorneys' fees) thar. may be <br />sustained by TXUOD due to any claim. demand. suit or action brouaht against TXUGD (whether or not the claim, demand, suit or <br />action is found to be valid) by any penon or entity arising out of, resulting from or connected, in whole or in pan, vtith an <br />interruption or discontinuation of the supply of U'llnsport gas or me transportation of such gas. <br /> <br />9. TXUGO's latest effective Schedule of Optioaallndustrial RIlles in the city in which the Delivery Point is located, including: the <br />terms of me lIi&natul"e Pille, Schedule "A," Scbedule "8" and Schedule "C" for gas sales service; and the signature page, <br />Schedule wA." Schedule "B" aDd Schedule "D" (or gas transportation service, are hereby incorporated by reference and made a <br />part of this Contract. <br /> <br />(Customer's Company Name] <br /> <br />TXU Gas Distribution, a division of <br />TXU Gas Company <br /> <br />By <br /> <br />By <br /> <br />SilfWure <br /> <br />Slpa~ <br /> <br />Printed Name <br /> <br />Printed Name <br />as Anomey-in-Pact for TXU Gas Distribution <br /> <br />as <br /> <br />Title <br /> <br />... END OF SCHEDULE "A"... <br /> <br />2 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />03 <br />