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<br />(d) The captions or headings preceding the various pans of this Contract arc inserted and included solely for <br />convenience and will never be considered or given any effect in consuuing this Contract or any part of this Conlracl, <br />or in connection with the intent. duties. obligations or liabilities of the panics hereto. <br /> <br />(e) This Contract wilt be binding upon and inure to the benefit of the parties hereto and their respective successors <br />and assigns: provided. however, that this Contract may Jot be transferred or assigned by Customer without the prior <br />written consent of TX1JGD. and such consent may not be unreasonably withheld. Any purported transfer or <br />assignment without such consent will be null and void and will not operate to release any obligation of Customer <br />under this Contract. <br /> <br />(f) TXUGD and Customer intend to be legally bound by the terms and provisions set out in this Contract. Both <br />TXUGD and Customer intend, acknowledge and agn:e that this Contract is entered into solely for the respeclive <br />benefit ofTXUGD and Customer. No provision of this Contract. either express or implied, will be interpreted or <br />construed as conferring any rights. remedies or claims upon any person or entity not a party to this Contract. except <br />for a successor or assignee consented to as provided herein. <br /> <br />(g) This Contract is made in the Stale or Te.... and will be governed by the laws or the State or Texas, <br />without regard to conniet 01 laws provisions. <br /> <br />(h) If any dispute under this Contract is not resolved by arbitration and results in litigation in the courts, <br />Dallas County, Texas, will be the proper venue Cor such litigation. <br /> <br />(i) TXUGD will not be liable for any loss. damage or injury resulling from the gas or its use aft~r it flows out of <br />facilities or equipment owned by TXUGD, or its agent or designee, and into facililies or equipment owned by <br />Cuslomer, or its agent or designee, althe Delivery Point. all risks Ihereof and therefrom being hereby assumed by <br />Customer. <br /> <br />... END OF SCHEDULE "B" ... <br /> <br />II <br /> <br />Rev OS/25/01 Attach. to Rate Sch. 4221 <br /> <br />14 <br />