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<br />(c) The term "plant protection" means the protection of Customer's Facilitydescribed on the signature page of this <br />ContraCt and the production and processes in Customer's Facility, during: the period of any cunailment of sales <br />service or interruption of lransponation service, to the extent necessary to avoid damage to: (1) Customer's Facility. <br />(2)the product during the manufacturing process, (3) or the material used to ma~ufacture the product during the <br />manufacturing process. "Manufacture." "manufacturing," and "production" may include processes involving <br />Customer's uses of the 'gas sold or transponed that make a product suitable for sale or use and may not he limited to <br />the making of a product from raw materials. <br /> <br />(d) For measurement, accounting and billing purposes the last volumes of gas delivered each day are deemed to be <br />plant prolection supply gas. The remainder of the gas delivered, if any, is deemed to be gas transported under the <br />transportation service provisions afthis Contract, giving due consideration to the Retention Volume. for a <br />transportation service Customer and deemed 10 be gas sold and delivered under the sales service provisions of this <br />Contract for a sales service Customer. <br /> <br />(e) The delivery and sale of plant protection supply gas will only be curtailed to less than the Planl Proteclion <br />Supply Volume by TXUaO for reasons of force majeure as provided in Schedule "B," paragraph 13. <br /> <br />(0 During periods in which a curtailment of gas sales service or interruption of gas transportation service is in <br />effect. a Customer receiving plant protection supply service that has standby fuel must use the standby fuel unless by <br />reasons of force majeure such Customer is unable to do so. During such a period, in which such a Customer is <br />unable to use its standby fuel for reasons of force majeure, TXUOO will provide Customer with plant protection <br />supply service gas, except to the extent TXUaO is unable to do so for reasons of force majeure. _' <br /> <br />(g) Notwithstanding any other provision of this Contract, to the extent a Customer receiving plant protection supply <br />service takes less than the Plant Protection Supply Volume during a period of curtailment of gas sales service, a <br />period of interruption of gas transponation service or a period in which TXUGD is unable to deliver plant protection <br />supply gas for reasons of force majeure, Customer will not be required to pay for the portion of the Plant Protection <br />Supply Volume that TXUOO did not deliver and the Customer did not take. <br /> <br />(h) Customer will not have a right to take or purchase plant protection supply gas in excess of the Plant Protection <br />Supply Volume during any day. <br /> <br />(i) If Customer should take gas in excess of the Plant Protection Supply Volume during a day in a period when <br />TXUOO has no force majeure in effec~ but has placed a curtailment down to or below plant prolection levels in <br />effecI for other reasons, Customer will pay TXUOO for such volumes in excess of the Plant Protection Supply <br />Volume at a rate equal to the greater of the highest price paid for gas by TXUOO during that monthly period or <br />200% of the highest daily Houston Ship Channel price during that monthly period, as reported in Gas Daily. <br /> <br />(j) If the reasons of force majeure that prevent the sale or deHvery of plant protection supply gas to a transponation <br />service Customer by TXUGO are such that TXUGO remains capable of transporting a transportation Customer's <br />gas from the Receipt Point(s) 10 the Oelivery Point, TXUOO will transport such gas to the extent it is capable. <br />giving due regard to the Retention Volume. <br /> <br />(k) Plant protection supply gas actually taken and the Plant Protection Supply Volume will not be considered in <br />any calculation of an imbalance in transportation volumes except in order to exclude such purchased volumes from <br />having an effect upon such transponation imbalances. <br /> <br />(I) Billing for the sales and purchases of plant protection supply gas will be in the manner described in Schedule <br />"B." paragraph 12. <br /> <br />S. Laws. Re2ulations and Warrantv <br /> <br />(a) This Contract will be subject to all applicable state and federal laws. orders, directives, rules and regulations of <br />any governmental body, official or agency having jurisdiction over the subject matter hereof: therefore, TXUGD's <br />obligations and liabilities hereunder will be limited accordingly. <br /> <br />(b) TXUOO's Schedule OfOplional1ndustrial Rates may be revised or replaced from time to time in the future by a <br />regulatory authority with jurisdiction. Any such revised or new Schedule of Optional Industrial Rates, when lawfully <br />established, will immediately become effective and be applicable to gas sales service, gas transportation service and <br />plant protection supply service under this Contract commencing with gas delivered after the effective date of such <br />change. Should new or different rates, or terms and conditions of service, be established for any service under this <br /> <br />3 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />06 <br />