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SCHEDULE "B" TO <br />OPT{ONAIe I]VDUSTRIAL GAS SALES OR GAS TRANSPORTATION CONTRACT <br /> <br />GENERAL TERMS AND CONDITIONS APPLICABLE TO BOTH SALF~ SERVICE <br /> <br />AND TRANSPORTATION SERVICE <br /> <br />]. 0ualification <br /> <br />(a) In order to qualify as a Customer and receive service under this Contract a customer must: (i) be served from a <br />connection to a TXUGD distribution system downs:ream fxom a city gate and inside the boundaries of a city; (ii) be <br />served without exceeding the capacity of TXUGD's existing facilities; and (iii) qualify to receive service as an <br />industrial customer under TXUGD's Rate Schedule No. 200 issued in April of 1999; however, such customer may <br />not bo an electric generation customer, and must consurae at least 1500 decatherms as an annual average instead of <br />not less than 125 mcfper month of its Con,.ct Yeat. <br /> <br />(b) A customer, other than a residential customer, that is otherwise qualified, but does not have a minimum ga~ <br />usage of 1500 d¢cathetma a~ an annual average, may choose commercial class gas sales service. <br /> <br />(c) Service under this Contract will not bo available to a customer that has another existing gas sales or <br />transportation contract or agreement related to those facilities described on the signature page of this Contract for <br />gas service from TXUGD's distribution facilities. Natural gas transportation or sales service unde.r this Contract <br />will only be available to such customers upon the termination of such other contracts. <br /> <br />(d) Customer must have emceed a vn'i'~ten agreement with TXUGD in the form of the Contract that is a part of the <br />approved tariff applicable hereto. <br /> <br />(e) Customer must have selected one of the service options and other variable terms and provisions that are <br />agreeable to TXUGD, as provided on the signature page of this Contract and on the Selection of Service Form, <br />which is included as Schedule "A." Such a signature page and such Selection of Service Form will, when agreed to <br />by TXUGD, become a part of this Contract and incorporated herein. <br /> <br />(0 This Contract. including all applicable Schedules and tariffs, constitutes the entire contract botween Customer <br />and TXUGD with respect to Customer's facilities described on the signature page for the purposes herein <br />designated. <br /> <br />(g) Service under this Contract will only be available where Optional Ix~dustrial Rates are in effect. <br /> <br />2. Definitions <br /> <br />(a) -Agreement" or "mutual agreement" a.s usexl in this Contract in regatd to an agreement of th~ par~ies on a <br />variable term or provision of this Contract. at inception or in the future, mean an agreement that will not bo <br />unreasonably withheld by either party; however, the agreement of TXUGD will necassa~ly b~ d~peedent upon the <br />relevant disu-ibution system operating conditions, which TXUGD will not be required to change, and TXUC3D will <br />not be required to change the capacity of its system or add new facilities. <br /> <br />(b) "Billing month" means that period of time beginning at 9:00 A.M. central clock time on the first calendar day <br />of a calendar month and ending at 9:00 A.M. central ulock time, on the first calendar day of the following calendar <br />month for which TXUGD submits a statoment to Customer for the services, fees, tax reimbursement, costs, charges <br />and compensation due to TXUOD under the provisions of this Contract. <br /> <br />(c) "Conu'act Year" means ti~ period of time beginning at 9:00 A.M. central clock time on the first day of the <br />month after initial deliveries of gas to Customer ate measured through TXUGD's rocasatement facilities and ending <br />at 9:00 A.M. central clock time on the same day and month one (1) year thereafter, or as otherwise set forth on the <br />signature page of this Contrant. <br /> <br />(d) "Day" means the period of time beginning at 9:00 A.M. central clock time on one calend~t day and ending at <br />9:00 A.M. central clock time on the followiog calendar day. <br /> <br />(e) "Decatherm" has the meaning set forth in paragraph 8(a) of this Schedule "B.' <br /> <br />(t3 *Delivery Point" has the meaning set forth on the signature page of this Contract. <br /> <br />Rev 05/25/01 Attach. to Rate Sch. 4221 04 <br /> <br /> <br />