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<br />(g) "Gas" means natural gas produced from gas wells, vaporized natural gas liquids. gas prodl'ced in association <br />with oil (casinghead gas) and/or the residue gas resulting from processing casinghead gas and/or gas well gas. <br /> <br />(h) "Hour" means a sixty. minute period of time. "Hourly" will mean within an hour or over t.le period of an hour. <br />as may be appropriate in the context. <br /> <br />0) "Incorporated herein by reference," "made a pan oflhis Contract" and other words to the same effect mean <br />incorporated within and made a pan of this Contract. <br /> <br />(j) "Margin" means the per unit charge in the flfst step or block ofTXUGD's effective Commerdal Rate for gas <br />sales or in the first step or block. ofTXUGD's Optional Industrial Rate for gas sales, exclusive of any gas costs. <br /> <br />(k) "Maximum Daily Quantity" has the meaning sel forth in the effective Selection of Service Form. <br /> <br />(I) "Mcr' has the meaning sel forth in paragraph g(l) of this Schedule "B." <br /> <br />(m) "Month" means the period of time beginning at 9:00 A.M. central clock time on the first day of a calendar <br />month and ending at 9:00 A.M. central clock time on the flTSI day of the succeeding calendar month. <br /> <br />(n) "Monthly Plant Protection Supply Charge" has the meaning set fonh on the signature page of this Contract. <br /> <br />(0) "Planl Protection Supply Volumes" means Ihe quantity of gas agreed upon in the applicable.Solection of <br />Service Form. <br /> <br />(p) "Plant Protection Supply Rate" has the meaning sel forth on the signature page of this Conlfact. <br /> <br />(q) "Retention Volume" has the meaning set forth on the signature page of this Conlfact. <br /> <br />(r) "Taxes" has the meaning set forth in paragraph ll(b) of this Schedule "B." <br /> <br />(s) "Variable lerms and provisions" means those terms and provisions of this Conlracl agreed upon by TXUGD <br />and an individual Customer, that may be unique to that Customer, in order to complete the blanks in the Conn of the <br />signature page or a Selection of Service Form. attached as Schedule "A." that becomes a pan of this Contract. <br /> <br />(t) "Year" means the period of time beginning al9:oo A.M. central clock time on any day oCa calendar month and <br />ending at 9:00 A.M. central clock time on the same day of the succeeding calendar year. <br /> <br />3. Cution <br /> <br />Customer will have the option for the fltSt Contract Year and each Contract Year thereafter, subject to the agreement <br />of TXUGD, to choose between sales service with or without planl protection supply service and transportation <br />service with or without plant protection supply service subject to the terms of this Contract. as provided in the <br />Selection of Service Form in the form set out in Schedule "A," at least ninety (90) days prior to the beginning of <br />such subsequent ContraCt Year. If Customer fails to make such a selection, or fails to make a timely selection for <br />such a subsequent Conlract Year. the Iype of service provided by TXUGD during Ihe subsequent Contract Year will, <br />subject 10 the ag=ment of TXUGD, remain the same as the service provided during lhe prior Conlract Year. <br /> <br />4. Plant Protection SUUDlv Service <br /> <br />(a) A Customer selecting plant protection supply service. as may be mUlually agreed to by TXUGD in Schedule <br />"A," may take up to the Plant Prolection Supply Volume as purchased plant protection supply gas each day during <br />the term of this Contracl. exceplto the extent that TXUGD is unable 10 deliver such gas for reasons of fo",e <br />majeure; however, Customer will pay TXUGD for a volume of planl protection supply gas equal to the Plant <br />Protection Supply Volume agreed 10 in Schedule" A" for each day during the term ofthis Conlract whether such <br />volume of gas is lClually taken by Customer or not. The volume of planl prolection supply gas actually taken by <br />Customer may be less than, but may not exceed Ihe Plant Protection Supply Volume mutually agreed upon by <br />TXUGD and Customer in Schedule uA." <br /> <br />(b) Customer will pay for planl protection supply gas al a rate equal to the per unit charge in the latest effective <br />Schedule of Optional Industrial Rates for gas supply service established for the cily in which the Delivery Point is <br />localed as they may change from time to time. <br /> <br />2 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />05 <br />