2001-047-ORD AFTER REASONABLE NOTICE AND HEARING, TXU GAS DISTRIBUTION'S RATES AND CHARGES WITH COP SHOULD BE CHANGED

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within sixty (60) days from Customer's receipt ofTXUGO's invoice. TXUGO may suspend andlor tenoinate this Contract. (e) It is agreed that it will be necessary for TXUGD to install elecD'onic gas measurement facilities at the Deliverv Point in qrder to comply with the various measurement and monitoring provisions of this Contract. if. in TXUGD:s sole judgement. adequate elecD'onic gas measurement facilities are not already located at the Delivery Point. (I) If TXUGD installs any new eleCD'onic gas measurement facilities. related communications equipment or telemetry equipment. Customer agrees to pay TXUGD the amount specified in the Cost oCNew Facilities section of the signature page of this Contract within ninety (90) days of the date of initial deliveries under this Contract. to cover the initial cost of all such facilities (including applicable federal income tax imposed as a result of installation of such facilities) and related sel-up expenses related to all such new facilities. All such facilities will be the sole property ofTXUGD and will be operated and maintained by TXUGD at TXUGD's expense. If any amounts due under this paragraph are not paid when due, interest on all unpaid amounts will accrue at the rate of one and one.halr percent (1-1/2%) per month. or the highest rate allowed by law, whichever is less. from the date such amount is due TXUGD. IfTXUaO installs new electronic gas measurement facilities, TXUGO agrees to provide and maintain a telephone connection to, and a compatible and operational telephone line for, TXUGD's electronic gas measurement facilities. (g) If at any time after the date of initial deliveries hereunder TXUGD determines that additional facilities are required to effectuate the receipt or delivery of gas hereunder, Customer will reimburse TXUGO, within 30 days from the date of receipt of TXUGD's invoice, for the cost of any tap valves, measuring facilities and associated equipment and all labor and overhead expenses (including applicable federal income tax imposeq as a result of installation of such facilities), attributable to the installation of such equipment. If the invoiced amount is not paid when due. interest on all unpaid amounts will accrue at the rate of 1- J/2% per month, or the highest rale allowed by law, whichever is less, from the date such amount is due TXUGO. IfTXUGD does not receive total reimbursement through the payment of such invoice within 60 days from Customer's receipt of TXUGD's invoice, TXUaD may suspend and/or terminate this Contract. (h) It is understood and agreed that although Customer will reimburse TXUGD for any tap valves, measuring facilities and all associated costs (including income taxes) incurred by TXUGD in establishing any Receipt Point(s) and/or the Delivery Point hereunder, Customer may. in such event, receive only the ownership of such measuring facilities, but TXUGD will receive ownership of all tap and tap valve installations and aU associated equipment. TXUOD will be solely responsible for all activities in connection with said measuring facilities and aU tap and tap valve installations and all associated equipment, including. but not limited to. operation, testing, calibration, adjusting, repair and replacement (at Customer's expense), and maintenance, necessary for performance of this Contract until TXUGD disconnects and removes the measuring facilities after termination of this Contract. After such disconnection and removal. Customer will have the right to claim and take possession of such measuring facilities (previously paid for by Customer) from TXUGD. Customer's failure to so claim and take possession of such measuring facilities within ninety (90) days of TXUGD's notice of disconnection and removal thereof, will constitute a waiver by Customer of any right, title or interest in and to such measuring facilities and the transfer of all right, title and interest therein to TXUGD. TXUGD will retain ownership of all equipment associated with tap and tap valve installations. (i) The Customer will have access to observe TXUOD's Delivery Point measuring facilities at all times, but all maintenance, calibration and adjustment of the Delivery Point measuring facilities will be done only by the employees or agents ofTXUGD. Records from all such measuring facilities will remain the property ofTXUGD and will be kept on file by TXUGD for a period of not less than two (2) years. However. upon request of Customer within such two (2) year period, TXUGD will make the measurement records from the measuring facilities, together with any calculations therefrom, available to Customer for inspection and verification, subject to return by Customer to TXUGD within thirty (30) days after receipt thereof. (j) Customer may. at its option and expense, install and operate measuring facilities. check meters and related instruments. and equipment. in a manner which will not interfere with TXUGD's equipment. to check TXUGO's Delivery Point measuring facilities, instruments and equipment, but the measurement of gas for the purpose of this Contract, both at the Delivery and Receipt Points, will be by the facilities ofTXUGD (or its designee) only, except as hereinafter specifically provided. The gas measurement facilities, check meters, instruments, and equipment installed by each pany at the Delivery Point will be subject at all reasonable times to inspection or examination by the other party, but the calibration and adjustment thereof, as well as those at the Receipt Point(s), will be done only by the installing pany. 6 Rev OS/25/01 Attach. to Rate Sch. 4221 09