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

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(b) The lenn ''Taxes'' as used herein means all taxes and fees levied upon andlor paid by TXUGD (other than ad valorem. capital stock. income or excess profit taxes (except as provided herein), general franchise taxes imposed on corporations on account of their corporate e~stcnce or on their right to do business within the state as a foreign corporation and similar taXes), including, but notlimitcd to, gas utility taX. street and alley rental fees set out in franchise ordinances, licenses. fees and other charges levied, assessed. or made by any governmental authority on the act, right or privilege of selling, transponing, handling or delivering gas. which taxes or fees are based upon the volume, heat content. ...alue or sales/purchase price of the gas. or transponation fee payable hereunder. any other fee. charge or payment hereunder and applicable federal income tax imposed as a result of installation of equipment at the Delivery Point or Receipt Point(s) under the terms of this Contract. Any income laX costs of TXUaO that have been reimbursed to TXUGD by Customer under paragraphs 9(d) and 9<0 will not be reimbursed to TXUGD by CUSlomer under this paragraph 11. 12, BiIlim!. Accountiml and Reoons (a) On approximately Ihe fifteenth (15th) day of each month, TXUGD will render to CUSlomer a Slatement for compensation for all fees. charges. costs. tax reimbursement and services payable under Ihis Contract for the preceding month. showing either the number of Btu or the number of decatherms delivered at the Receipt Point(s) and Delivery Point. the amount of compensation due to TXUaD under this Contract, including tax reimbursement. other reasonable and peninent information that is necessary to explain and support the same and any adjustments made by TXUaD in determining the amount billed. TXUGD may deliver to Customer such statements of amounts owed to TXUaD by United States mail (first class. registered or certified), postage prepaid. fax. electronic medium, email or delivery service at the mailing address or elecU'onic medium address provided on the signatW'C page of this Contract. The fax. email. mailing address and electronic medium address provided on the signatqte page of this Contract may be changed at any time by either pany upon thiny (30) days prior wrillen nOlice to the other pany. (b) Customer will pay TXUGD withina period often (10) days from the date TXUGD's statement selling out the compensation due under this Contract for all fees. charges, costs is deposited prepaid in the United States mail. or as to paymenr which is otherwise due, according to the measurements, computations and rates herein provided. TXUGD hereby agrees. however. that Customer may pay any such statement by bank wire transfer by directing the bank wire transfer 10 TXUGD at Chase Texas Bank. Dallas. Texas. ABA No. 113000609. for deposit to TXUGD Account No. 08805016795. To assure proper credit. Customer should designate the company name, invoice number and amount being paid in the Fedwire Text Section. If the invoiced amount of any payment due is not paid when due, interest on all unpaid amounts will accNe at the rate of one and one half percent (1-1/2%) per monlh. or the highest rate allowed by law. whichever is less, from the date such amount is due TXUGD; provided, however no interest will accrue on unpaid amounts when failure to make payment is the result of a bona fide dispute between the parties hereto regarding such amounts (and Customer timely pays aU amounts not in dispute), unless and until it is ultimately detennined that Customer owes such disputed amount, whereupon Customer will pay TXUGD thai amount. plus interest computed back to the original payment due dare, immediately upon such determination. The designated banks. addresses and accounts for wire transfer may be changed at any time by TXUGD upon thirty (30) days prior Mitten notice to Customer. (c) Notwithstanding any other provision of this Contract. Customer will make payments for all gas service under this Contract beginning with initial deliveries. (d) If Customer fails 10 pay bills for service within twenty (20) days from the date they are rendered hereunder or otherwise defaults under this Contract. Company may suspend service and deliveries of gas and such suspension will not prevent enforcement by Company of any of its legal rights. Waiver by Company of a particular default hereunder will nOI be deemed a waiver of subsequent defaults whether similar or dissimilar. (e) Each party hereto will have the right at all reasonable times to examine the measurement records and charts of the other party, or its agent/designee if any. to the extent necessary to verify the accuracy of any statement. charge, computation or demand made under or pursuant to any of the provisions in this Contract. If any such examination reveals any inaccuracy in such previous billing, the necessary adjustments in such billing and payment will be made; provided. that no adjustments for any billing or payment will be made for any inaccuracy claimed oftu thtlap.. of twenty five (25) monrhsfrom the rendition a/the invoice relating thereto. (f) If Ihe credit worthiness or financial responsibility of Customer should, in the sole opinion ofTXUGD. ever become unsatisfactory, then upon request by TXUGD at any time and from time to time during the term of this Contract, Customer will deposit wilh TXUGD (i) such amount of money requested by TXUGD. or (ii) a letter of credit in a fonn acceptable to TXUGD from a financial institution acceptable 10 TXUGD in an amount requesled by TXUGD, to guarantee the payment of statements and invoices hereunder. as wen as any possible imbalances 8 Rev OS/25/01 Attach. to Rate Sch. 4221 11