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<br />in accordam:e with its Commercial Arbitration Ruler. Demand for arbitration may be /Mde no later <br />than the time that such aCMn would be permitted under the applicable Texas statute of limitation. Any <br />disputes regarding the timeliness of the demandfor arbitrolion sluzJJ be decided by the arbitraJor(s). <br />Judgment upon the award rendered by the arbitrator(s) may be entered in any Court having <br />jurisdiction thereofin order to obtain compliam:e therewith. Any case in which any cuum, or <br />combination of clain}s, exceeds $500,000 wiU be subject to the AM 's Large, Complex Case Procedures <br />and decided by Ihe majority of a panel of three (3) neutral arbitrtJJors, In rendering the award, the <br />arbitrator(s) wiU determine the rights and obligations oflhe parties eu:cOrding to the laws of the SltJJe <br />of Texas (excluding any conflict of law principles), but punitive and exemplary damages may not be <br />awarded. The arbitrolion proceedings and hearings wiU be conducted at the Dallas Regional Office of <br />the AM or tJJ such other place as may be selected by mutual agreement. No party nor the arbitratorl,s) <br />may disclose the existence, content or results of any arbitration hereunder withoul the prior wrinen <br />consent of aU parties. <br /> <br />17. Pioeline and Facilitv Safety <br /> <br />Customer's piping and facilities downstream from or connected to the Delivery Point may be subject to potential <br />hazards such as corrosion and leakage. Consequently. such piping and facilities should be inspected periodically for <br />leaks and damage. If metallic materials are used. they should be regularly inspected for corrosion damage. If any <br />deterioration or unsafe conditions are discovered. they should be repaired or the affected facility replaced. <br />Additionally. when any excavation work is planned. all buried facilities and piping in the area sho~1d be located <br />before beginning such work. Operators of underground facilities and piping on Customer's property, including <br />TXUGD, should be notified of the planned excavation activities by contaCting the Texas "One CaU" service at (800) <br />344-8377. If the excavation is in the vicinity of any gas piping or facilities, they should be localed prior to beginning <br />work and excavation near the piping or facilities should be accomplished by hand digging. Plumbers and heating <br />contractors can assist in locating, inspecting and repairing Customer's buried piping and facilities. <br /> <br />18. Confidentialitv <br /> <br />TXUGD and Customer agree to keep the tenns and provisions of this Contract confidential and to not disclose the <br />terms of this Contract to any third parties. If disclosure is sought through process of a coun. a government or a city. <br />state or federal regulatory agency. the party from whom disclosure is sought will resist disclosure through all <br />reasonable means and will immediately notify the other party to allow it the opportunity to participate in such <br />proceedings. However, each party will have the right to make such disclosures, if any. to governmental agencies <br />and to its own attorneys, auditors, accountants and shareholders that will in turn maintain its confidentiality. <br />TXUaD and Customer agree to cooperate to maintain confidentiality of this Contract and to obtain a reasonable <br />protective order or agreement to maintain that confidentiality under circumstances in which disclosure becomes <br />necessary . <br /> <br />19. Miscellaneous <br /> <br />(a) All notices, requests, demands and statements provided for in this ContraCt must be given in writing, directed to <br />the party to whom given, and mailed to, or delivered at. such pany's address as specified on the signature page of <br />this Contract or at such address as each party may by like notice later give to the other. Such mailed notices will be <br />deemed to have been given when deposited in the United States mail (first class, registered or certified), postage <br />prepaid, or sent by fax, electronic medium. cmail or independent delivery service at the mailing address provided <br />herein. In the case of hand delivery, notices will be deemed to have been given when delivered to a representative <br />of either party by a representative of the other party. <br /> <br />(b) This Contract constitutes the entire agreement between the parties covering the subject matter hereof, and there <br />are no agreements, modifications, conditions or understandings, written or oral. express or implied, pertaining to the <br />subject matter hereof that are not contained herein. No representation or statement of any representative ofTXUGD <br />will be a part of this Contract nor an inducement to the execution hereof unless incorporated fully herein and this <br />Contract may not be amended except in writing duly executed by the parties. <br /> <br />(c) Modifications of this Contract will be or become effective only upon the mutual execution of appropriate <br />supplemental agreements or amendments hereto in writing by duly authorized representatives of the respective <br />parties. <br /> <br />10 <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />13 <br />