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7. RETENTION: TXUGD may re~ain a percentage of the gas taceived for transport (the "Retention Volume") and will take title to <br />such volume of gas as a pan of the Transportation Service Rate. Such percentage will be TXUGD's moss recently established <br />companywide disu~butiun lost and unaccounted for gas percentage calculated as provided in 16 TAC Section '/.52(3 XB) u'tating al{ <br />TXUGD disu'ibutiun systems as one system. The presently established pet~entage Lm c~. <br /> <br />8. If Customer elects transportation service hereunder. Customer agrees: (a) that 'I'XUGD's receipt and delivery of u-anspon gas <br />under the terms and provisi.ons of th.is Contract is subjecl to limitetion, intcnuptlon or discontinuation and TXUGD will never be <br />liable in damages or otherv.4sc on account of having so intern{pted or discontinued such receipts or deliveries of gas: (b) to assume <br />any and all risks, including, but no~ limited to. lost profiu, damaged or destroyed fadlhir~.'lost or damaged production, damaged or <br />destroyed machinery and/or equipmenl, and the failure of Customer's faci]ity and/or business due to an interruption or discontinuance <br />of Customer's transport gas supply or of the transportation of such gas undtr this Cunu'aci: and (¢) to indemnify and hold TXUGD <br />harmless Dom and against any and ail damages, cosls, losses and expenses (including reazunablc etlomeys' fees) thai may be <br />susuined by T'XUGD due ~o any claim, demand, suit or action brought against TXUOD (whether or no~ the claim, demand, suit or <br />action is found to be valid) by any pe~'son ot eutiuy arising out of. resulting from or connected, in whole or in pan. with an <br />inten"uption ot discominuatJon of the supply of Lranspo~m {as or the transportation of such gas. <br /> <br />9. TXUGD.s let~t effective Schedule of Optlouul Indnstri~d Rates in tbe city in which the Delivery Poin~ is located, including the <br />terms of the algunture pa~e, Sd~edule "A,' Sched,,le "B" and Schedule "C"' for gas sa{as service; and the signature Image. <br /> <br /> [Customer's Company <br /> <br />By <br /> <br />TXU Gas Distribution. a division of <br />TXU Oas Company <br /> <br />By <br /> <br />END OF SCHEDULE "A" <br /> <br />Rev 05/25/01 Attach. to Rate Sch. 4221 03 <br /> <br /> <br />