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<br />(k) TXUGD will. at Customer's written request. give to Customer notice of the time of all tests ,,r the Receipt Point <br />or Delivery Point electronic gas measuring facilities. as may be applicable. sufficiently in adVa\lCe cf such tests so <br />that Customer may conveniently have its representatives present; provided. however. that ifTXUGD has given such <br />notice to Customer and Customer is not present at the time specified. then TXUGD may proceed with the tests as <br />though Customer were present. TXUGD will give notice to Customer's Receipt Point or Delivery Point Designee <br />(who is responsible for the physical receipt or delivery of gas at the point), as may be applicab.e, of the time of all <br />tests of such eleco-onic "gas measwing facilities sufficiently in advance of such tests so that Customer's desi1!nee may <br />conveniently be present; provided. however. that ifTXUGD has given such nouce to Customer's designee and <br />Customer's designee is not present at the time specified. then TXUGD may proceed with the test as though <br />Customer's designee were present. <br /> <br />(I) Gas measurements computed by TXUGD (or its designu) will be deemed to be correct except where the gas <br />measurement facilities are found to be inaccurate by more than one percent (1%), fast or slow, or to have failed to <br />register, in either of which cases TXUGD will repair or replace the measurement facilities. The quantity of gas <br />delivered while the measurement facilities were inaccurate or failed to register will, at TXUGD's dis,cretion be <br />determined by: (i) the readings of Customer's check meter, if installed and in good operating condition; (ii) by <br />correcting the error if the percentage of error is ascertainable by calibration or mathematical calculation; or (Hi) by <br />estimating the quantity on a basis of deliveries under similar conditions when the measurement facilities were <br />registering accurately, <br /> <br />(m) It is understood and agreed that Customer's transportation gas will be part of and will be measuled as a part of <br />a commingled stream of gas by the measuring pany at the Receipt Point(s) such that the quantity 0: gas delivered by <br />Customer to TXUGD (or its designee) at the Receipt Point(s) for transponation under this Contra,et may be <br />determined by an allocation methodology provided for in balancing provisions in this Contract or in another <br />agreement between: <br /> <br />(A) Customer and Customer's transporter that delivers such gas to the Receipt Point(s); <br /> <br />(B) TXUGD and Customer's transporter that delivers such gas to the Receipt Poinl(s); Dr <br /> <br />(C) TXUGD and Customer. <br /> <br />10. Easement. Access. Removal <br /> <br />Customer will provide, in accordance with TXUGD's specifications, the necessary service lines on Customer's <br />premises to connect with TXUGD's lines and suitable space and an easement for TXUGD's lines and other equip- <br />ment, including, but not limited to, a telephone line and associated equipment related to elecuonir. gas measurement <br />facilities and telemetry equipment. Customer will use due care to protect TXUGD's propeny that is located on <br />Customer's premises from damage and will pennit no person other than an agent ofTXUGD, or a person otherwise <br />lawfully authorized, to tamper with, inspect or remove same. All property belonging to TXUGD and localed on <br />Customer's premises will be removable by TXUGD at any time during the term of this Contract and within a <br />reasonable time after its termination or after reasonable notice of Customer's desire to have such propeny removed, <br />title thereto remaining in TXUGD at all times. TXUGD will have full and free ingress to and egress from <br />Customer's premises for the consauction, inspection, maintenance, repair and removal ofTXUGD's property <br />thereon or for any purpose connected with the service provided under this Contract. <br /> <br />11. Taxes <br /> <br />(a) Customer agrees to pay TXUGD, by way of reimbursement. all Taxes paid by TXUGD with respect to the sales <br />service, the transportation service, the plant protection supply service and any other commodity or service provided <br />hereunder, and that may be related to any associated facilities involved in the performance of this ContracL If any <br />such Taxes paid by TXUGD to any governmental authority are calculated based upon the value of or price paid for <br />the gas transported hereunder, Customer will disclose to TXUGD the purchase price of such gas to enable TXUGD <br />to calculate and pay all such fee. and taxes to appropriate governmental authorities in a timely manner. If Customer <br />fails or refuses to disclose the purchase price of such gas within sixty (60) days from the date the related <br />lransponation service is provided, TXUGD will have the right to pay such fees and taxes based upon the highest <br />prices reported for the period in Gas Daily for gas purchased or gas sold in the Stale of Texas and to be reimbursed <br />by customer. ]n any event. Customer agrees to indemnify TXUGD for, and hold TXUGO harmless from, any and <br />all claims, demands. losses or expenses, including attorneys' fees, which TXUGD may incur as a result of <br />Customer's failure or refusal to disclose the purchase price of gas transported hereunder. <br /> <br />7 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />10 <br />