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within sixty (60) days from Customer's receipt of TXUGD's invoice. TXUGD may suspend and/or terminate this
<br />Contract.
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<br />(c) It is ag!etd that it will be necessary for TXUGD to install electronic gas measurcmen! facilhies at the Delivery.
<br />Point in order ,to comply with the various measurement and moni!oring pruvisious of this Conu'act. if. in TXUGD's
<br />sole judgemenL adequate electronic gas measurement fac!lilies ate not already located a! the Delivery Point.
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<br />(~ If TXUGD installs any new electronic gas measurement facilhies, related communicatious eqthpment or
<br />telemeu"y equipment, Customer agrees to pay TXUGD the amount specified in the Cost of Ne w Facilities section of
<br />the signature page of this Contract within ninety (90) days of the date of initial deliveries under this Contract. to
<br />cover the initial cost of all such facilities (including applicable federal income tax imposed as a result of installation
<br />of such facilities) and related set-up expenses related to all such new facilities. All such facilities will be the sole
<br />property of 'f'XUGD and will be operated and maintained by TXUGD at TXUGD's expense. If any amounls due
<br />under this paragraph are not paid when due. interest on all unpaid amounts will accrue at the rate of one and one-half
<br />percent (1-1/2%) per month, or the highest rate allowed by law, whichever is less. from the date such amount is due
<br />TXUGD. IfTXUGD iustalls new electronic gm measurement facilities, TXUGD agrees to provide and maintain a
<br />telephone connection to, and a compatible and operational telephone i{ee for, TXUGD's electronic gas measurement
<br />facilities.
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<br />(g) If at any time after the date of initial deliveries hereunder 'TXUGD determines that additional facilities
<br />required to effectuate the receipt or delivery of gas hereunder, Customer will reimburse TXUGD, within 30 days
<br />from the date of receipt of TX'UGD's invoice, for the cost of any tap valves, measuring fac!lilies and associated
<br />equipment and all labor and overhead expenses (iocluding applicable federal income tax imposed_ as a result of
<br />installation of soch facilities), attributable 1o the installation of such equipment. If!be invoiced amount is not paid
<br />when due, interest on all unpaid amounts will accruc at the rate of 1-1/2% per month, or the highest rate al!owed by
<br />law, whichever is less, from the date such amount is due TXUGD. If TXUGD does not receive total reimbursement
<br />through the payment of such invoice within 60 days fi.om Customer's receipt of TXUGD's invoice. TXUGD may
<br />suspend and/or terminate this Contract.
<br />
<br />(h) It is understood and agreed that although Customer will reimburse TXUGD for any tap valves, measuring
<br />facilities and ali associated costs (including income taxes) incurred by TXUGD in establishing any Receipt Point(s)
<br />and/or the Delivery Point hcreandet, Customer may, in such event, receive only the ownership of such measuring
<br />facilities, but TXUGD will receive ownership of alt cap and tap valve installations and all associated equipment-
<br />TXUGD will be solely responsible for all activities in connection with said measuring facilities and all tap and tap
<br />valve installations and all associated equipment, including, but not limited to, opera!loc, testing, calibration,
<br />adjusting, repair and replacement (at Customer's expense), and maintenance, necessary for performance of this
<br />Contract until TXUGD disconnecLs and removes the measuring facilities after termination of this Contract. After
<br />such disconnection and removal, Customer will have the Hght to claim and take possession of such measuring
<br />facilities (previously paid for by Customer) fxom TXUGD. Customer's failure to so claim and take possession of
<br />such measuring facilities within ninety (90) days of TXUGD's notice of disconnection and removal thereof, will
<br />constitute a waiver by Customer of any right, tide or interest in and to such measuring facilities and the transfer of
<br />all right, title and interest therein to TXUGD. TXUGD will retain ownership of ail equipment associated with tap
<br />and tap valve installations.
<br />
<br />(i) The Customer will have access to observe TXUGD's Delivery Point measuring facilities at all times, but all
<br />maintenance, calibration and adjustment of the Delivery Point measuring facilities will be done only by the
<br />employees or agents of TXUGD. Records from all such measuring facilities will remain the property of TXUGD
<br />and will be kepi on file by TXUGD for a period of not less than two (2) years. However. upon request of Customer
<br />within such two (2) year period, TXUGD will make the measurement records from the measuring facilities, together
<br />with any calculations therefrom, available to Customer for inspection and verification, subject to return by Customer
<br />to TXUGD within thirty (30) days after receipt thereof.
<br />
<br />(j) Customer may, at iLS option and expense, install and operate measuring facilities, check meters and related
<br />insmamenLS and equipment, in a manner which will not interfere with TXUGD's equipment, to check TXUGD's
<br />Delivery Point measuring facilities, instruments and equipment, but the me~ssurement of gas for the purpose of this
<br />Contract, both at the Delivery and Receipt Points, will be by the facilities of TXUGD (or its designee) only, except
<br />as hereinafter specifically provided, The gas measurement facilities, check meters, ins~xumenLs, and equipment
<br />installed by each party at the Delivery Point will be subject at all reasonable tim~s to inspection or examination by
<br />the other party, but the calibration and adjustment thereof, as well as those at the Receipt Point(s), will be done only
<br />by the installing party,
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<br />Rev 05/25/01 Attach. to Rate Sch. 4221 09
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