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Contract by a regulatory authority with jurisdiction, such rate(s) or terms and conditions of service will supersede conflicting provisions of this Con,'ant. Company will give Customer notice of any such change, together with a copy of the revised Schedule of Optional Indus,/al Rates. The notice herein provided foe will be deemed to have been given when forwarded by the party giving the same addressed to Customer at the address shown in this Contract by first class mall. postage prepa/d, separately or in Customer's billing statement. (c) Customer warrants-to TXUGD thnt its or'its agent's facilities utilized for the acceptance, receipt, transpenation or delivery of gas hereunder are not subject to the Natural Gas Act of 1938. as amended. (the "NC}A"). As a material representation, without which TXUGD would not have been willing to execute this Contract. Customer wm"rants to TXUGD that Customer and its agents will take no action nor con-w~it any act of omission that will subject this transaction, the facilities of TX'UGD, or gas that TXUGD has title to or possession of to the jurisdiction of the Federal £usrgy Regulatory Commission CFERC") or its successor governmental agency under the terms of the NGA. the Natural Gas Policy Act of 1978, as amended (the "NGPA"). or any other law. The gas accepted. received, transported or deIivered hereunder shall not have been nor shall be purchased, sold. transported or otherwise utilized in a manner that will subject TXUGD, its gas. its facilities or gas it has possession of. to the terms of the NGA or the NGPA or any other act causing TXUC3D, its gas, ils facilities or gas it has possession of to become subject to the jurisdiction of the FERC or a similar federal agency. In addition to. and without excluding any remedy that TXUGD may have at law or in equity, if Customer breaches the above warranties and representations Customer will be liable to TXUC}D for all damages, injury and reasonable expense that TXUGD may sustain by reason of any bmanh hereof. Further. should Customer or ils agents through any act or omission cause any gas or facilities involved in the performance of this Contract to become regulated by or subject to jurisdictional authority of the FERC. a successor governmental authority or the jurisdiction of any other federal regulatory agency, under the terms of the NGA or NGPA or any other law affecting the benefits or' value of this Contract, this Contract will automatically terminate on the day before the date of such occurrence; provided, however such termination will never be construed so as to impair' any rights of TX'UGD with regard to such breach of contract. Customer hereby waives any defense for breach of this paragraph that TXUGD could avoid NGA jurisdiction under the provisions of Section 1 (e) of such Ant. 6. Term (a) This Contract will remain in full force and effect, subject to the terms and provisions hereof, for a primary t~rm as specified on the signature page of this Conu'acL and from Contract Yeac to Contract Yea~ thereafter until canceled by either party giving the other party written notice at least thirty (30) days prior to the end of the primary term or prior to the end of any Contract Ye, at afar the end of the primary term. However, any termination, cancellation or expiration of this Contract will never operate to extinguish the obligation to make payment for moni~s due hereunder. (b) Service will not commence under this Con~ract until after 9:00 A.M, on the day of installation of the electronic measurement facilities, related leleme~-y equipment and an opurationa/telephone line for and compatible with TXUGD's elec~onic gas measurement facilities and related telemeU'y equipment at the Delivery Point. 7, Pressures a~ points of Receiot and Delivery (a) Cuswmer (or its designee) will deliver gas to TXUGD at the Receipt Poim(s) at prassurus sufficiunt to enter TXUGD's pipeline system at such point(s); provided, however, tha~ Customer's delivery pressure into TXUGD's system at the Receipt Point(s) will not exceed TXUGD's maximum allowable operating pressure, as such may vary from time to time, at any such point(s), or cause the pressure at such point(s) to exceed TXUGD's maximum allowable operating pressure. (b) TXLTGD will deliver gas to Customer at TXUGD's operating pressure, as such may vary from time to time. at the Delivery Point. (a) The unit of measurement of gas for all purposes will be the "decatharm." The term "decatherm" as used in this Contract means a volume of gas Otat contains a sufficient number of British thermal units ('Btus") per cubic foot of gas such that the pedduct of the volume multiplied by the number of Btu per cubic foot of gas equals one million (1,000,000) Btu, or one (1) IVI3/B tu. determined at a temperature of sixty (60) degrees Fahrenheit, ~mrated with water vapor and under a pressure equivalent to that of thirty (30) inches of mewury at thirty-two (32) degrees Fahrenheit converted to base conditions of sixty (60) degrees Fahtenbelt and an absolute pressure of fourteen a-al sixty-five one hund~dths (14.65) pounds per squase inch and adjusted to reflect actual wnter vapor content. Gas measurements will be computed by the measuring party into such units in accordance with the Ideal Gas Laws for volume variations 4 Rev 05/25/01 Attach. to Rate Sch. 4221 07