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

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SCHEDULE "C" TO OPTIONAL INDUSTRIAL GAS SALES OR GAS TRANSPORTATION C(lSTRACT GENERAL TERMS AND CONDmONS APPLICABLE TO SALES SERVICE I. TXUGD agrees to sell and deliver natural gas to Customer and Customer agrees 10 purchase and receive such gas from TXUGD to meet Customer's natural gas requirements at Customer's premises described on the signature page of this Contract. Customer agrees to pay for such volumes of gas at TXUGD's latest effeCli"e Schedule of Optional Industrial Rates for gas sales service established for the city in which the Delivery Poin. is located. subject to and in accordance with an the tcnns and conditions conlained in this Contracl. 2. This Contract covers Customer's entire natural gas requirements at the aforesaid premise!;- and Customer will not use gas under this Contract for service other than that classified so that Customer is qualifaed for service under this Contract. 3. TXUGD's Schedule of Optional Industrial Rales for gas sales service may be revised from lime to lime in the future and the rates contained in any such revised or new Schedule of Oplional Industrial Rates for gas sales service. when lawfully established, will be applicable to gas purchased and sold under this Contract commencing with ga... delivered after the effective date of such change. Company will give Customer wriuen notice of ii'lny such change. together with a copy of the revised Schedule of Optional Industrial Rates for gas sales service. The notice herein provided for will be deemed to have been given when sent by Company to Customer at the address shown on the signalure page of this Contracl by ftrst class mail. postage prepaid. or included with a monthly statemenl. 4. Customer agrees to keep its gas-using or burning equipment and appurtenances located on the aforesaid premises in good condition and in conformity with the requirements of any applicable city ordinance, stale or federal law or rule and any applicable order or regulation of any governmental authority having jurisdiction. Customer agrees to comply with all of Company's reasonable rules and regulations. 5. Tille to and ownership of the gas sold and delivered by TXUGD to Customer at the Delivery Point will vest in Customer at that point. 6. TXUGD will have the right at any and all times 10 immediately discontinue, in whole or in part. the supply of gas hereunder. with or without notice, ifin the opinion ofTXUGD a continuation of the supply under this Contract would adversely affect, jeopardize or threaten adequate service to TXUGD's domestic or commercial customers or hazard, adversely affect, jeopardize or threaten adequate service to other customers having priority of service under TXUGD's latest.ffeclive Schedule of Optional Industrial Rates. and Customer hereby authorizes TXUGD 10 do so. Further, Customer agrees that TXUGD will never be liable in damages or otherwise on account of having exercised such rights. 7. When notified by TXUGD to do so, Customer agrees to curtail or discontinue the use of gas hereunder in con. formity with the service priority provided for in this Contract and in the latest effective Schedule of Optional Indusaial Rates. If Customer classifies its business and operations as being essential 10 the public health. and safety and considers continuity of its fuel service essential to the public welfare, then Customer will provide stand-by fuel and equipment adequate to meet its fuel requirements during periods of interruption of gas service under this Contract. TXUGD cannot and docs not guarantee a constant supply of gas hereunder. 8. In the event during any day Customer purchases or lakes volumes in excess of the Maximum Daily Quantity. in addition to all other fees and charges provided for in this Contracl, Cuslomer will pay TXUGD Sl.OO for each decathenn received by Customer in excess of the Maximum Daily Quantity. ... END OF SCHEDULE "C" ... Rev OS/25/01 Attach. to Rate Sch. 4221 15